Supervised Visitation Rights
What is supervised visitation?A noncustodial parent has a right to visit his or her child. Visitation rights, however, aren't absolute. Visitation can be suspended, denied or restricted if the court finds that visitation would be contrary to the child's best interest. The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health. Many times if there are reasons to believe that the child’s best interest may be jeopardized, visitation may be supervised by another neutral party. Supervised visitation means that the parent or grandparent may not be alone with the child during their visits.
What can a father legally do if his 6 year old child refuses to see him during his supervised visits and the mother will not comply with the visitation court order?The first step is to petition for modification of child custody, bringing attention to the court that their visitation rights are not being met. Without a modification of the custody order on the mother’s behalf, the failure to allow the father to visit the child is a violation of the court order, and generally the fact that a child is having a hard time dealing with the divorce is not enough to justify denying a father visitation.
How can someone obtain court ordered supervised visits for their child?There are specific reasons listed which allow the court to then grant only supervised visitation You must be able to prove to the court that the welfare of the child could be endangered if the child is alone with the parent. Most generally, the court shall consider the parent's history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault on other persons and shall grant visitation in a manner that best protects the child and the parent or other family or household member who is the victim of domestic violence, and any other children for whom the parent has custodial or visitation rights from any further harm. Supervised visitation can leave a person wondering what their legal rights are. If you are facing this type of situation, Experts can help answer your supervised visitation questions.
Where can one go to find a supervisor for supervised visitationThere should be a court recognized supervisor program in place in most areas. Many times churches, Salvation Army’s, community betterment services in the area are often set up to use as supervised visitation areas. If you cannot find these types of services in your area, you should also file a modification petition back with the court seeking modification of the supervisory language to be more specific instruction of who should supervise the visitation.
What can get the fathers visitation rights revokedVisitation rights may be modified or terminated in accordance with the best interests of the child. Courts will only revoke visitation rights if the non-custodial parent is determined to be a mental, physical, or emotional threat to the child (e.g., bad parenting skills does not qualify). Before a court will revoke visitation rights altogether, however, it will often order supervised visitation, so that the non-custodial parent can only visit with the child under the supervision of a social worker or neutral relative.
The purpose of supervised visitation is to provide a safe and neutral environment for children to have a relationship with parents, and is often used in high conflict situations. As supervised visitation is growing worldwide as the protection of children from child abuse; and as child abduction becomes a growing concern it often brings on many legal questions regarding supervised visitation rules and rights. Experts can help answer many of those supervised visitation questions.