N.Y. Family Court Act § 1082: Approval, modification or denial of visitation rights

§ 1082. Approval, modification or denial of visitation rights. 1. (a)

Upon receipt of a petition pursuant to subdivision four of section one

thousand eighty-one of this part, the local department of social

services shall make inquiry of the state central register of child abuse

and maltreatment to determine whether or not the petitioner is a subject

of an indicated report of child abuse or maltreatment, as such terms are

defined in section four hundred twelve of the social services law, and

shall further ascertain whether or not the petitioner is a respondent in

a proceeding under this article whereby the child with whom visitation

is sought has been allegedly abused or neglected or has been adjudicated

as an abused or neglected child.

(b) The department, the child's attorney and the respondent in a

proceeding under this article, shall have the right to be heard with

respect to a petition for an order to enforce visitation rights under

this part.

2. Where the local department of social services or the child's

attorney opposes a petition described in section one thousand eighty-one

of this part, the department or the child's attorney as appropriate

shall serve and file an answer to the petition. The court shall, upon

the filing of such answer, set a date for a hearing on such petition and

shall notify the parents, grandparent or grandparents, the department

and the child's attorney of such hearing date.

3. Whenever a hearing described in subdivision two of this section is

to be held within ten court days of a dispositional hearing authorized

under this article, the court may in its discretion hear such petition

as part of such dispositional hearing.

4. In any hearing under this section, the court shall approve such

petition unless the court finds upon competent, relevant and material

evidence that enforcement of visitation rights as described in the

order, judgment or agreement would endanger the child's life or health.

Upon such a finding, the court shall make an order denying such petition

or make such other order affecting enforcement of visitation rights as

the court deems to be in the best interests of the child.

5. (a) Where a petition is approved pursuant to this section the

parties may agree in writing to an alternative schedule of visitation

equivalent to and consistent with the original or modified visitation

order or agreement where such alternative schedule reflects changed

circumstances of the parties and is consistent with the best interests

of the child.

(b) In the absence of such an agreement between the parties, the court

may, in its discretion, order an alternative schedule of visitation as

defined herein, where it determines that such schedule is necessary to

facilitate visitation and to protect the best interests of the child.