Section 1081. Visitation rights  


Latest version.
  • 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 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.
        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.
        4.  The  petition  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 law guardian. The petition shall be served in such manner as
      the court may direct.
        5.  Upon  receipt  of  such  petition  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. Violation of such  order  shall
      be  punishable  pursuant  to  section  seven  hundred fifty-three of the
      judiciary law.