Family Court Act Article 10, Child Protective Services Part 2, § 1030: Order of Visitation by a Respondent

If law enforcement or a social services agency has reason to believe that your child has been abused or neglected, then the law allows them to remove the child from your custody. This can be accomplished with your consent, by a court order, or in cases of an emergency, without a court order or your consent. However, even if your child is removed from your custody because abuse is suspected, you have the right to visitation with your child. Under the order of visitation by a respondent provisions of New York Family Court Act, Article 10, Child Protective Services, Part 2 § 1030, if you have been named in a petition for the removal of your child from your custody, you have the right to reasonable and regularly scheduled visitation with the child. If the court feels that such visitation would be put your child in danger, the court may order supervised visitation.

The Administration for Children's Services (ACS) filed a petition against Ethan, the respondent father alleging that he regularly beat his young son, Thomas, with an extension cord leaving bruises on the child's body. A hearing pursuant to New York Family Court Act, Article 10, Child Protective Services, Part 2 § 1027 was held, resulting in Thomas being removed from Ethan's custody and placed with Ethan's maternal grandmother. In this case Ethan would be entitled to visitation with Thomas. However, because of Ethan's history of physically abusing Thomas the court may require supervised visitation.

1. Temporary removal with consent: New York Family Court Act, Article 10, Child Protective Services, Part 2, § 1021
2. Preliminary orders of court before petition filed: New York Family Court Act, Article 10, Child Protective Services, Part 2, 1022
3. Emergency removal without court order: New York Family Court Act, Article 10, Child Protective Services, Part 2, § 1024
4. Hearing and preliminary orders after filing petition: New York Family Court Act, Article 10, Child Protective Services, Part 2, § 1027

If your child has been removed from your custody and a visitation schedule has not been established, you have the right to petition the court to set up visitation. In addition, if you are not satisfied with the terms of the visitation, you have the right to apply to the court to have the terms modified.

1. A respondent shall have the right to reasonable and regularly scheduled visitation with a child in the temporary custody of a social services official pursuant to this part or pursuant to subdivision (d) of § one thousand fifty-one of this article, unless limited by an order of the family court.
2. A respondent who has not been afforded such visitation may apply to the court for an order requiring the local social services official having temporary custody of the child pursuant to this part or pursuant to subdivision (d) of § one thousand fifty-one of this article, to permit the respondent to visit the child at stated periods. Such application shall be made upon notice to the local social services official and to any law guardian appointed to represent the child, who shall be afforded an opportunity to be heard thereon.
3. A respondent shall be granted reasonable and regularly scheduled visitation unless the court finds that the child's life or health would be endangered thereby, but the court may order visitation under the supervision of an employee of a local social services department upon a finding that such supervised visitation is in the best interest of the child.
4. An order made under this § may be modified by the court for good cause shown, upon application by any party or the child's law guardian, and upon notice of such application to all other parties and the child's law guardian, who shall be afforded an opportunity to be heard thereon.
5. An order made under this § shall terminate upon the entry of an order of disposition pursuant to part five of this article.

If your child has been removed from your custody because abuse is suspected you are still entitled to visitation. In order to ensure that the established visitation schedule is reasonable and that your rights are protected, it is important that you are represented by someone with experience. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court who are involved in disputes related to child custody. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in Family Court matters in the following locations: