Section 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  law  guardian  and  the  respondent  in  a
  proceeding under this article, shall have  the  right  to  be  heard  in
  respect  to  a  petition for an order to enforce visitation rights under
  this part.
    2. Where the local department of social services or the  law  guardian
  opposes  a petition described in section one thousand eighty-one of this
  part, the department or the law guardian 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  law
  guardian 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.