§ 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.