§ 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.