Divorce Is Easier With a Good Attorney

When Child Visitation and Custody Become Dangerous

3 March 2022 by Gina George

No one ever said that divorcing while parenting minor-aged children is easy. Although the idea is to allow the child to spend time with each parent in generous measures, some parents may end up being denied visitation for various reasons. If visitation is offered, it could be severely curtailed. Read on and find out why supervised visitation may be ordered and how things will go.

Issues with Visitation and Custody

When one parent fails to do the right thing, both custody and visitation can be altered. The below issues, once proven in court, could create the need for supervised visitation only. In most cases, supervised visitation is for a set time and then it's continued if necessary. It can be continued indefinitely in some cases. Supervised visitation means that a third party must be present when the parent spends time with the child following a court order. The supervisor must be an adult and not the child's other parent. If a suitable relative is not available, the court could appoint a social worker or caseworker from the state's protective services. Here is what else to know about supervised visitation:

1. A public location is usually chosen. A fast-food restaurant, a nearby park, a museum, and other locations may be deemed appropriate.
2. The parent and child must always stay within a few feet of the supervisory person.
3. No overnight visitation occurs.
4. In most cases, the visit must consist of only the parent, the child, and the other adult.
5. No driving to other locations with the child and the parent is permitted.

Why the Need for Supervised Visitation?

When parties divorce, the family court takes more interest in the welfare of the child than it might otherwise be prompted to do. That means greater scrutiny may exist for divorced parents. This is especially true if the parent...

• Is now out of incarceration after being previously convicted of a crime (any crime).
• Has admitted or proven issues with substance abuse.
• Was convicted of child abuse of any type (psychological, sexual, physical).
• Has physical infirmities that prevent them from physically caring for the child during visitation.
• Has a history of mental illness as verified by a doctor.
• Has previously kidnapped or made threats to kidnap a child.

When a parent still wants to spend time with a child, supervised visitation may be the answer. However, it may not be right for every situation. In some cases, complete removal of parental rights is in order. Speak to a family lawyer to find out more.