Why the Court Might Order for Supervised Visitation
Courts sometimes call for child visitation to occur under the supervision of another adult. The third party can be a family member or social worker. Below are some common reasons for supervised visitation.
Noncompliance
The court can modify the visitation schedule and call for supervised visitation if the noncustodial parent doesn't comply with the original schedule. For example, this may happen if the noncustodial parent repeatedly returns the child late after the visitation period. However, the custodial parent has to inform the court about the noncompliance for the court to act.
Child Abuse
Family courts consider children's safety and well-being first in their decisions. Therefore, anything that constitutes child abuse, negligence, or endangerment can trigger supervised visitation. For example, the court can order supervised visitation if:
- The noncustodial parent doesn't provide the child with food during extended visits.
- The court suspects the noncustodial of physical abuse.
- The court suspects the noncustodial parent of sexual abuse.
- The noncustodial parent takes the child to adult-only places, such as bars.
In short, a parent who places the child in danger is more likely to get supervised visitation.
Drug Abuse
A parent's drug use can harm a child in multiple ways. For example:
- The child might start using drugs due to the parent's influence.
- The parent might mistreat the child when intoxicated.
- The parent might involve the child in illegal activities, such as drug peddling.
All these are possible since intoxication impairs judgment. Thus, drug abuse can trigger supervised visitation to minimize the effect of the parent's drug abuse on the child.
Mental Illness
A mentally ill parent also requires supervised visitation. A parent's mental illness can harm the child, mostly unwittingly, in several ways. For example, depending on the degree of the illness, the parent might:
- Fail to meet the child's nutritional needs
- Fail to meet the child's medical needs
- Emotionally abuse the child
The danger is even greater if the parent's mental illness is unpredictable or they have a history of violence.
Incarceration
Incarceration doesn't automatically deny a parent their visitation rights. The parent can still visit with the child if the circumstances allow. However, the child will visit the parent and not the other way around. In addition, the court is likely to supersize the child's visit. The court can often only stop the visitations if the situation harms the child.
Parental Absence
A parent who has been absent from their child's life is also likely to get supervised visitation. For example, say the noncustodial parent abandoned the child and their mother a few months after the child's birth. If the two haven't interacted and the child is now ten years old, the parent is virtually a stranger to the child. The interaction between the two requires supervision until the relationship strengthens.
Risk of Child Abduction
Lastly, the court can also call for supervised visitation if it suspects that the noncustodial parent might abduct the child. You should suspect parental abduction if the noncustodial parent:
- Has threatened to abduct the child in the past
- Hasn't always complied with the custody or visitation schedule
- Suspects you of child abuse (even if the suspicion is unfounded)
- Struggles with mental illness
- Struggles with drug abuse
Inform the court if you suspect parental abduction. The court will weigh the available evidence and decide whether it warrants supervised visitation.
Issues to do with child custody and visitation are complex and emotional. Get an experienced and understanding attorney to help you with your child custody or visitation battle. The Law Office of Joe R. "Jay" Johnson, II, has vast experience with family law issues. Contact us today for a consultation so that we can help you with your visitation problems.
