N.Y. FCT Law § 1081 — New York Code / Act FCT / Article 10 / Part 8 / Section 1081
Visitation rights
Status: in_force

§ 1081. Visitation rights. 1. A non-custodial parent or grandparent\nshall have the visitation rights with a child remanded or placed in the\ncare of a social services official pursuant to this article as conferred\nby order of the family court or by any order or judgment of the supreme\ncourt, or by written agreement between the parents as described in\nsection two hundred thirty-six of the domestic relations law, subject to\nthe provisions of section one thousand eighty-two of this part.\n  2. (a) A non-custodial parent or any grandparent or grandparents who\nhave not been afforded the visitation rights described in subdivision\none of this section shall have the right to petition the court for\nenforcement of visitation rights with a child remanded or placed in the\ncare of a social services official pursuant to this article, as such\nvisitation rights have been conferred by order of the family court or by\nany order or judgment of the supreme court, or by written agreement\nbetween the parents as described in section two hundred thirty-six of\nthe domestic relations law.\n  (b) A child remanded or placed in the care of a social services\nofficial pursuant to this article or article ten-A or ten-C of this act\nshall have the right to move for visitation and contact with his or her\nsiblings. The siblings of a child remanded or placed in the care of a\nsocial services official pursuant to this article or article ten-A or\nten-C of this act shall have a right to petition the court for\nvisitation and contact with such child. For purposes of this section,\n"siblings" shall include half-siblings and those who would be deemed\nsiblings or half-siblings but for the termination of parental rights or\ndeath of a parent.\n  3. (a) The petition by a non-custodial parent shall allege that such\nparent has visitation rights conferred by order of the family court or\nby any order or judgment of the supreme court or by written agreement\nbetween the parents as described in section two hundred thirty-six of\nthe domestic relations law, shall have a copy of such order, judgment or\nagreement attached thereto, shall request enforcement of such rights\npursuant to this part, and shall state, when known by the petitioner,\nthat visitation rights with the child by any grandparent or grandparents\nhave been conferred by order of the supreme court or family court\npursuant to section seventy-two or two hundred forty of the domestic\nrelations law, and shall provide the name and address of such\ngrandparent or grandparents.\n  (b) A petition by a grandparent or grandparents shall allege that such\ngrandparent or grandparents have been granted visitation rights with the\nchild pursuant to section seventy-two or two hundred forty of the\ndomestic relations law, or subdivision (b) of section six hundred\nfifty-one of this act, shall have a copy of such order or judgment\nattached thereto, and shall request enforcement of such rights pursuant\nto this part.\n  (c) A motion by a child remanded or placed in the care of a social\nservices official pursuant to this article or article ten-A or ten-C of\nthis act or a petition by a sibling of such child shall allege that\nvisitation and contact would be in the best interests of both the child\nwho has been remanded or placed and the child's sibling.\n  4. (a) A petition filed under paragraphs (a) or (b) of subdivision\nthree of this section shall be served upon the respondent in a\nproceeding under this article, the local social services official having\nthe care of the child, any grandparent or grandparents named in the\npetition as having visitation rights conferred by court order pursuant\nto section seventy-two or two hundred forty of the domestic relations\nlaw, and upon the child's attorney. The petition shall be served in such\nmanner as the court may direct.\n  (b) A petition or motion filed under paragraph (b) of subdivision two\nof this section shall be served upon: (i) the respondent in the\nproceeding under this article or article ten-A or ten-C of this act;\n(ii) the local social services official having the care of the child;\n(iii) other persons having care, custody and control of the child, if\nany; (iv) the parents or other persons having care, custody and control\nof the sibling to be visited or with whom contact is sought; (v) any\nnon-respondent parent in the proceeding under this article or article\nten-A or ten-C of this act; (vi) such sibling himself or herself if ten\nyears of age or older; and (vii) such sibling's attorney, if any. The\npetition or motion shall be served in such manner as the court may\ndirect.\n  5. (a) Upon receipt of a petition filed under paragraphs (a) or (b) of\nsubdivision two of this section, the court shall, subject to the\nprovisions of section one thousand eighty-two of this part, require that\nany order of a family court or order or judgment of the supreme court,\nor any agreement between the parents as described in subdivision one of\nthis section, granting visitation rights to the non-custodial parent,\ngrandparent or grandparents, be incorporated in any preliminary order or\norder of placement made under this article to the extent that such\norder, judgment or agreement confers visitation rights. In any case\nwhere a dispositional hearing has not been held or will not be held\nwithin thirty days of the filing of such petition the court shall order\nthe person, official, agency or institution caring for the child\npursuant to this article to comply with such part of the order, judgment\nor agreement granting visitation rights.\n  (b) Upon receipt of a petition or motion filed under paragraph (c) of\nsubdivision three of this section, the court shall determine, after\ngiving notice and an opportunity to be heard to persons served under\nsubdivision four of this section, whether visitation and contact would\nbe in the best interests of the child and his or her sibling. The\ncourt's determination may be included in the dispositional order issued\npursuant to section one thousand fifty-two or one thousand ninety-five\nof this chapter or in a permanency hearing order issued pursuant to\nsection one thousand eighty-nine of this chapter.\n  (c) Violation of an order issued under this section shall be\npunishable pursuant to section seven hundred fifty-three of the\njudiciary law.\n