When Will a Court Order Supervised Parenting Time?
Most parents want free access to their children, but in certain circumstances visitation in the presence of a neutral third party may be advisable in order to safeguard the children. Parents who are required to be supervised during their visitation by the California almost always feel the arrangement is restrictive and most will also insist it is unnecessary. When a court orders supervised visitation, remember that this scenario allows a parent to have access to their children when the court may have considered preventing any contact at all.
California Courts May Order Supervised Parenting Time in Response To:
- A history of domestic violence
- No existing relationship between a parent and the child
- A history of child abuse or neglect
- Substance abuse
- A lack of parenting skills
- A risk of abduction
The court always has the option to order supervised visitation depending on the nature of the situation they are presented with during a case. The court also has the ability to be very specific in regard to supervised visitation orders. When the court deems it necessary for the safety of the child, they may specify details of the supervised visitation, including: when the visitation occurs, how long the visits last, where the visits may occur, individuals approved to serve as “supervisors,” etc.
In many cases, supervised visitation is not permanent. Many California courts who order supervised visitation will do so on a specified temporary basis or on a contingency basis with specific requirements that need to be met in order to be considered ready to have visitation that is not supervised. For instance, in a situation where substance abuse has been a problem for a parent, a court may order supervised visitation with the children until such time that the parent has successfully completed an approved rehab program and passed two consecutive drug tests.
In other cases, the supervised visitation may not be ordered as temporary. In this case, the parent may seek a modification at a later date. When doing go, it is advisable to have an experienced California child custody and visitation attorney on your side to help obtain expanded visitation rights. If you have questions about how to petition the court for supervised visitation or if you need to discuss how to get a supervised visitation order modified, please get in touch with one of the experienced child custody and divorce lawyers at The Maggio Law Firm today.