In cases where there is evidence of physical and/or emotional abuse, drug use or other serious issues that may negatively impact children, the court may require supervised visitation.
The non-custodial parent is entitled to a court hearing before access to their children is denied and they have the right to explain their side. The burden rests on the custodial parent to prove to a judge that their child(ren) would be seriously endangered if visits were unsupervised. Below is a list of reasons a parent might be required to have supervised visitation with their child(ren):
- A history of substance abuse
- Mental illness
- Child’s request
- Severe emotional impact on the child is observed after previous visits
- A history of violence or physical abuse
- Sexual behavior between a parent and a girlfriend or boyfriend
- Incarceration
- Abduction – or the strong probability of abduction
- Religious practices deemed harmful to the child
The supervised setting is “neutral” meaning that independent staff are assigned to supervise while the parents and child(ren) interact. It is important to know legal details pertinent to your situation whether you are seeking supervised visitation or needing to defend yourself against it.
Schedule a consultation with us for answers to your questions.
