N.Y. Family Court Act § 1081: Visitation rights

§ 1081. Visitation rights. 1. A non-custodial parent or grandparent

shall have the visitation rights with a child remanded or placed in the

care of a social services official pursuant to this article as conferred

by order of the family court or by any order or judgment of the supreme

court, or by written agreement between the parents as described in

section two hundred thirty-six of the domestic relations law, subject to

the provisions of section one thousand eighty-two of this part.

2. (a) A non-custodial parent or any grandparent or grandparents who

have not been afforded the visitation rights described in subdivision

one of this section shall have the right to petition the court for

enforcement of visitation rights with a child remanded or placed in the

care of a social services official pursuant to this article, as such

visitation rights have been conferred by order of the family court or by

any order or judgment of the supreme court, or by written agreement

between the parents as described in section two hundred thirty-six of

the domestic relations law.

(b) A child remanded or placed in the care of a social services

official pursuant to this article or article ten-A or ten-C of this act

shall have the right to move for visitation and contact with his or her

siblings. The siblings of a child remanded or placed in the care of a

social services official pursuant to this article or article ten-A or

ten-C of this act shall have a right to petition the court for

visitation and contact with such child. For purposes of this section,

"siblings" shall include half-siblings and those who would be deemed

siblings or half-siblings but for the termination of parental rights or

death of a parent.

3. (a) The petition by a non-custodial parent shall allege that such

parent has visitation rights conferred by order of the family court or

by any order or judgment of the supreme court or by written agreement

between the parents as described in section two hundred thirty-six of

the domestic relations law, shall have a copy of such order, judgment or

agreement attached thereto, shall request enforcement of such rights

pursuant to this part, and shall state, when known by the petitioner,

that visitation rights with the child by any grandparent or grandparents

have been conferred by order of the supreme court or family court

pursuant to section seventy-two or two hundred forty of the domestic

relations law, and shall provide the name and address of such

grandparent or grandparents.

(b) A petition by a grandparent or grandparents shall allege that such

grandparent or grandparents have been granted visitation rights with the

child pursuant to section seventy-two or two hundred forty of the

domestic relations law, or subdivision (b) of section six hundred

fifty-one of this act, shall have a copy of such order or judgment

attached thereto, and shall request enforcement of such rights pursuant

to this part.

(c) A motion by a child remanded or placed in the care of a social

services official pursuant to this article or article ten-A or ten-C of

this act or a petition by a sibling of such child shall allege that

visitation and contact would be in the best interests of both the child

who has been remanded or placed and the child's sibling.

4. (a) A petition filed under paragraphs (a) or (b) of subdivision

three of this section shall be served upon the respondent in a

proceeding under this article, the local social services official having

the care of the child, any grandparent or grandparents named in the

petition as having visitation rights conferred by court order pursuant

to section seventy-two or two hundred forty of the domestic relations

law, and upon the child's attorney. The petition shall be served in such

manner as the court may direct.

(b) A petition or motion filed under paragraph (b) of subdivision two

of this section shall be served upon: (i) the respondent in the

proceeding under this article or article ten-A or ten-C of this act;

(ii) the local social services official having the care of the child;

(iii) other persons having care, custody and control of the child, if

any; (iv) the parents or other persons having care, custody and control

of the sibling to be visited or with whom contact is sought; (v) any

non-respondent parent in the proceeding under this article or article

ten-A or ten-C of this act; (vi) such sibling himself or herself if ten

years of age or older; and (vii) such sibling's attorney, if any. The

petition or motion shall be served in such manner as the court may

direct.

5. (a) Upon receipt of a petition filed under paragraphs (a) or (b) of

subdivision two of this section, the court shall, subject to the

provisions of section one thousand eighty-two of this part, require that

any order of a family court or order or judgment of the supreme court,

or any agreement between the parents as described in subdivision one of

this section, granting visitation rights to the non-custodial parent,

grandparent or grandparents, be incorporated in any preliminary order or

order of placement made under this article to the extent that such

order, judgment or agreement confers visitation rights. In any case

where a dispositional hearing has not been held or will not be held

within thirty days of the filing of such petition the court shall order

the person, official, agency or institution caring for the child

pursuant to this article to comply with such part of the order, judgment

or agreement granting visitation rights.

(b) Upon receipt of a petition or motion filed under paragraph (c) of

subdivision three of this section, the court shall determine, after

giving notice and an opportunity to be heard to persons served under

subdivision four of this section, whether visitation and contact would

be in the best interests of the child and his or her sibling. The

court's determination may be included in the dispositional order issued

pursuant to section one thousand fifty-two or one thousand ninety-five

of this chapter or in a permanency hearing order issued pursuant to

section one thousand eighty-nine of this chapter.

(c) Violation of an order issued under this section shall be

punishable pursuant to section seven hundred fifty-three of the

judiciary law.