Supervised visitation helps ensure the safety and well-being of children during and after a divorce. When there are concerns about a child's safety in the presence of one of the parents, a court-ordered supervised visitation schedule may be implemented. Understanding the mechanics of supervised visitation is key for parents who are separating and looking out for the best interests of their children.
What Is Supervised Visitation?
Supervised visitation, also called supervised parenting or contact, involves a court order that requires all visits between a non-custodial parent and their child to be supervised by another, unrelated adult. These visits allow non-custodial parents to maintain a relationship with their children in a controlled, safe environment under the supervision of a neutral third party. If you're negotiating child custody and visitation arrangements, it's essential to know when the court requires supervised visitation of one or both parents.
Under What Situations Does the Court Require Supervised Visitation
A court typically awards this type of visitation in situations of:
- Child Abuse or Neglect: If a parent physically, emotionally, or sexually abused a child, the court may require supervised visitation. Both the parent and the child may be required to attend counseling as a part of the visitation arrangements. A child custody attorney can help you navigate through this process.
- Domestic Violence: The court may require supervised visitation if one parent was violent or abusive to the other. This includes all types of domestic violence. Some courts may award supervised visitation if the non-custodial parent has caused other types of dangerous situations for the family.
- Substance Abuse: When a non-custodial parent has a substance abuse disorder, the court may require supervised visitation. This situation gives the custodial parent peace of mind because they know their child has a lower risk of being harmed. Courts may also require substance abuse treatment as part of the terms of visitation. A non-custodial parent with another type of uncontrolled mental illness may also be required to have supervised visitation with their child.
- Risk of Harm to the Child: Courts may order supervised visitation if one or both non-custodial parents present a risk of harm to the child. A parent who has threatened or attempted to kidnap the child may only be permitted to have supervised visits. If the non-custodial parent neglected the child's physical, emotional or mental needs, the court may stipulate that all visits are supervised until the parent demonstrates their ability to properly care for the child.
Why Would a Parent Need Supervised Visits?
As you can see, there are numerous reasons to request supervised visitation, ranging from ensuring the child's physical safety to addressing emotional and psychological concerns. The court may also use supervised visitation centers to provide a structured setting that minimizes the risk of inappropriate behavior and offers a safe space for children to interact with their parents. However, it is important to note that these measures may also benefit the child's parents.
Court-ordered supervised visits are designed to protect children while allowing the non-custodial parent an opportunity to demonstrate responsible parenting. By comprehending how these supervised interactions work, parents can better prepare for what to expect and actively engage in creating a supportive environment for their children.
Why You Need Legal Representation
The language in a supervised visitation arrangement must be airtight. There must not be any room for interpretation. Working with a family law attorney protects the health and well-being of the child. When negotiating around the issue of supervised visitation, a child custody attorney uses clear and concise language that the court will accept.
The terms and requirements around supervised visitation are complicated. If you want to request supervised visitation as part of your divorce or child custody agreement, you need a family law attorney to represent your case. Working with a child custody attorney also helps you understand your rights and responsibilities under the law.
For questions or assistance with supervised visitation issues, contact us at the Law Offices of Michael D. Iverson, APC.