The courts in California keep the child’s best interest in mind when they are determining child custody. What happens when the child’s well being and safety is at stake? How will the courts help protect the child? In these cases, a judge will help ensure that the child is only having contact with a parent in a presumably unsafe environment when a neutral third person is present during the visitation. This is known as “supervised visitation” and works to protect the child after circumstances show that a parent may not be trusted in some aspects.
The circumstances in these cases may vary. For instance, sometimes supervised visitation will be ordered when violence or emotional harm is involved in a parenting relationship. If the child comes home from visits upset or exhibiting unusual behavior, to suffering from domestic violence situations, the courts may find reason to order visitation. In some states, the courts may cater to the child’s wishes. For example, in California, a child who is 14 or older has the chance to share their preferences with the court.
In other situations, the parent may have been involved in a serious crime like a sexual offense that could affect the child. If sexual abuse was at play, the visitation will be limited. Sometimes the parent has been abusing a substance. When addiction is at play, the courts will assume that the parent is unsuitable to be around the child without supervision because they could be using abusive language, driving while impaired, and more. As you can see, the situations vary substantially, but each unique circumstance will apply.
Supervised Visitation FAQs
If you or your spouse has been ordered to supervised visitation, you probably have questions. We have answers to some of your biggest questions as well as a helping hand to extend to you.
If you have supervised visitation with one child, will you have it with another? It really depends on the situation. For instance, your supervised visitation schedule was probably ordered because the court had concerns about your ability to parent appropriately. However, sometimes situations call for supervised visitation with only one child, even though these situations are rare.
If I believe that my ex-spouse is abusive, what can I do about this? Of course, you have probably gathered up evidence in this fragile case. Receive the help of an attorney before you go forward with anything. They will help you file for sole legal custody with supervised visitation so you can prove your case in court.
What should I do if my ex is abusing drugs? You will also need evidence in these cases, such as witness testimony or photographs. In many of these cases, an ex-spouse may deny that they are using drugs, which is why evidence is necessary.
Can I make the schedule if supervised visitation was granted? It really depends – in some situations, a parent will hold visitation against the other parent and make it impossible for meetings to occur. The courts will intervene in these cases. This is why you need to be agreeable as necessary, and work with the courts to receive the best schedule possible for both parents. Call us for help with your case if you are stumbling through the process and wonder where to turn.
