Resources for Families

Supervised Visitation Under Child Custody Laws

When parents seperate or divorce, ensuring the safety and well being of the children is paramount. 

Supervised visitation is a form of visitation where a third party is present during visits between a parent and child. The supervisor’s role is to observe the interaction and ensure the child’s safety. It is not always related to abuse or neglect. Sometimes a judge orders supervised visitation simply because the parents have a high level of conflict, and the judge believes a third party is needed to facilitate the exchange.

Common Grounds for Supervised Visitation

Courts order supervised visitation when there is concern that a child’s well-being could be compromised during unsupervised visits. These are some common reasons a judge might order supervised visitation:

  • Substance Abuse: Substance abuse issues, such as repeated relapses or incomplete treatment, may prompt courts to require supervision until a parent shows sustained sobriety.
  • Domestic Violence: Domestic violence, especially if the child has been exposed to such behavior, can justify temporary or long-term supervision.
  • Unsafe Living Environment: An unsafe living environment, including unsanitary conditions or the presence of threatening individuals, also creates circumstances for supervised visitation.
  • Mental Health Concerns: Mental health concerns become relevant when a parent’s untreated condition interferes with the ability to meet the child’s needs.
  • Abuse or Neglect: Allegations or confirmed instances of abuse or neglect often result in supervised contact.
  • Parental Alienation: Active interference with the child’s relationship with the other parent may also give rise to a court requiring a neutral party to supervise visits.

Requesting Supervised Visitation

A parent typically asks the court to order supervised visitation by filing a motion that explains why supervision is necessary. This motion should include supporting evidence indicating the child’s safety or welfare might be at risk without supervision. Parents should keep detailed records and documentation to support their request. Judges generally review evidence, consider witness testimony, and evaluate factors such as prior efforts at treatment or counseling when deciding whether to grant the request.

Terms of Supervised Visitation

When courts grant supervised visitation, they issue instructions on where visits will take place and many times allow the attorneys or parents to find a competent company to supervise them, some judges even place the company in the order.

Visits can take place in a parent’s home if a a supervisor is present. The supervisor is a highly trained person who will ensure the safety of the child during the visit. Supervisors observe parent-child interactions and provide formal reports to all attorneys and pro-se clients as well as the court on observational visit information. The duration of supervision can vary. Judges may schedule a specific time frame for visits to remain supervised or keep the order in place until there is enough evidence that the parties’ circumstances have changed.

Failing to abide by a supervised visitation order can result in serious repercussions. The court may revise existing custody terms, impose monetary penalties, or place tighter restrictions on a parent’s future contact with the child. Judges often assess the reason for the violation, the impact on the child, and the parent’s overall cooperation when determining the consequences. Violations can also affect future custody decisions.

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