The purpose of supervised visitation is to permit the child and parent to bond while ensuring that no harm comes to the child in the process. These types of visitations usually take place at a facility assigned by the court and are supervised by a social worker or other court-appointed professional.
However, there are other types of supervised visitation available. For example, in some cases, visitation can be supervised by a family member or friend who both parents agree upon. But one of the requirements is that supervisors must be vetted by the court and be prepared to be available for scheduled visitations on an ongoing basis.
Additionally, community supervised visitation is another possibility. This entails that no specific supervisor is assigned, but the parent must spend their visitation time with the child in a public place. A judge generally makes a determination of what type of visitation it will be based on the evidence provided by parents, the facts of the case, and the needs of the family. Keep in mind that supervised visitation may be temporary or permanent.
Sometimes supervised visitation is only there for a transitional basis. In other situations, it can be changed to unsupervised visitation after the non-custodial parent meets certain requirements determined by the court. In other cases, unsupervised visitation is not a possibility and visits between parent and child must be supervised as long as they maintain contact.
When Should I Ask for Supervised Visitation?
Typically, a judge can order supervised visitation at their own discretion. Supervision is requested by the custodial parent. Custodial parents should request for supervised visitation when they have good reason to suspect that unsupervised visitation could be harmful to their children’s physical, mental, or emotional health. The judge will then decide whether or not to grant the request. There are many circumstances in which a judge is likely to agree that a non-custodial parent should have supervised visitation.
One common reason is where there has been a history of physical, mental, or sexual abuse. It is important to note that the abuse can occur either to the child or the custodial parent. A supervised visitation can be requested for either one of those scenarios. Another situation that requires supervised visitation is when the non-custodial parent has an active substance abuse problem.
A parent who is under the influence of drugs or alcohol may not be able to supervise a child safely or provide a safe environment. Therefore, a supervised visitation can allow a parent who suffers from an addiction to visit with a child in a protected way.
How Can I Request Supervised Visitation?
You need to inform the court that you want supervised visitation and explain why, as well as provide any evidence you have. For instance, if you or your child have experienced abuse and reported it to the police, then police reports and documentation from the Department of Children and Families can strengthen your request. In other situations, the court may appoint a guardian ad litem to evaluate the family’s circumstances for safe visits.
A guardian ad litem is someone who assesses your child, your home, your ex’s home, and both parents’ interactions with the child. They may conduct interviews of your child’s teachers or childcare providers or other people that are close to the family. They will gather that information and submit a crucial recommendation to the court about whether supervised visitation is an appropriate choice in your situation.
Keep in mind that supervised visitation may add some additional complications to your child’s relationship with their other parent. It can be an uncomfortable feeling to constantly be watched and can be unsettling for both parent and child. However, if the court determines that it is necessary for the child’s safety, that parent must comply.
Furthermore, visitation may not be able to happen as often as either the non-custodial parent or the child might desire because it will depend on a third party’s schedule or the schedule of a particular facility. Supervised visitation is a serious consequence for parents that cannot be trusted with their own child.
When Supervised Visitation is Necessary?
Supervised visitation may be necessary when:
- There has been physical, sexual, or emotional abuse of the child by a parent;
- There has been physical, sexual, or emotional abuse of one parent by the other parent;
- A parent has a substance abuse problem;
- A parent has an uncontrolled mental illness that can bring harm to the child;
- There is risk of kidnapping or abduction by one of the parents;
- The parent has neglected the child;
- A parent has been absent from the child’s life and wants to start a relationship with the child and;
- There have been many potentially dangerous family situations.
Usually, supervised visitation can be a temporary arrangement that can lead to unsupervised visitation if the noncustodial parent meets certain requirements. For instance, the noncustodial parent may need to have six months of clean drug tests, seek counseling, or complete an anger management class in order to be awarded unsupervised visits.
How Does Supervised Visitation Work?
If the judge determines that supervised visitation is best for your child, the court order will include how the supervised visits will work. The judge may order the supervised visits to occur in a designated facility.
Additionally, there will be a monitor present with the noncustodial parent in the room for the duration of the visits.The judge may require a social worker or a similar person to accompany the child to the noncustodial parent’s home. The designated monitor will remain with the child for the entire visit.
The judge may allow a friend, relative, or an acquaintance to act as the supervisor for these visits if the participant is willing and the parents are able to mutually agree on a person. If you consider this as an option for you, you will need to decide whether or not the person will be reliable and trustworthy. When you write supervised visits into your parenting plan, use strong language that leaves no room for interpretation.
Be as detailed as possible. Usually, the visiting parent will need to report to the assigned visitation center to visit with the child, or the judge will arrange for the child to be delivered to the parent’s home. In both scenarios, the judge will specify who can supervise these controlled settings.
What is the Duration of Supervised Visit Orders?
A judge can order supervised visitation to be temporary or indefinitely. For instance, if there are any allegations of abuse or domestic violence, a judge may order that visitation with the accused parent be supervised until the allegations are fully investigated. Judges give great weight to allegations of abuse or violence and will investigate these allegations thoroughly.
Moreover, if a judge has determined that a parent is not fit for custody, the judge can still permit visitation on an ongoing basis, but require that the visitation is supervised in a controlled setting as mentioned above. In these situations, visitations will remain supervised until the parent can demonstrate that there has been a change in circumstances.
When Do I Need to Contact My Lawyer?
If you have serious concerns for your child’s wellbeing, supervised visitation can be the best way to ensure safety without deteriorating the bond between the non-custodial parent and child. There are methods of determining when such supervision visits are necessary as mandated by the court.
Therefore, researching your local state procedures on how to proceed with obtaining a supervised visitation will be useful. Seeking initial consultation with an experienced local child visitation attorney will assist you in navigating this daunting process.
