When Can a Judge Order Supervised Visitation in California?
California family court judges may order supervised visitation when they are concerned about one parent’s ability to provide a safe environment for the child. If they still believe that contact with the parent is in the child’s best interest, they may order supervised visitation to allow contact in a safe and controlled environment. Wondering if supervised visitation is an option in your family law case? It may be time to talk to a Victorville child custody attorney.
Supervised visitation is a solution often presented when coparenting agreements have broken down significantly and one parent poses a potential threat to their child. At Ewaniszyk Law Firm, we understand how painful this can be for parents on both sides of the equation, as no one wants to see their child struggle in a new environment. Attorney Diana L. Spidall is a determined advocate for her clients, supporting them in custody cases and fighting for decisions that keep their children’s best interests in mind. Call our child custody law firm at 760-245-7310 to learn more about your legal options.
What is Supervised Visitation?
Supervised visitation means that a parent can only spend time with their child when an approved third party is present. In some cases, the supervisor may be a trusted relative, family friend, or neutral adult. In others, it must be a visitation center or a professional supervisor.
The goal isn’t to punish a parent. The goal of supervised visitation is generally to protect the child while preserving the parent-child relationship. It may be ideal when one parent is working towards improvement in harmful behaviors, substance abuse, or mental health concerns. In these situations, supervised visitation protects the relationship without endangering the child.
The Focus on the Children’s Best Interests
California judges make visitation decisions based on a child’s best interests, which is also what will guide your child custody lawyer’s advice. If the court believes that unsupervised visitation may place the child at risk, supervision may be the next best option.
Parents ordered to pursue supervised visitation may feel like the court is cutting them off, but in reality, this is a way for the court to keep the parent-child relationship intact while still protecting the child. In many cases, the ultimate goal is to work toward a healthy and appropriate relationship that warrants unsupervised visitation.
Domestic Violence or Abuse Allegations
This is a common reason that a child custody attorney may advocate for supervised visitation. If there are allegations of violence against the other parent, threats in the child’s presence, child abuse, or intimidation, supervised visitation may be an option. Supervised visits also protect the at-risk parent from direct contact with the allegedly abusive parent.
Substance Abuse, Mental Health, or Impaired Parenting Concerns
Judges may also order supervised visitation if there’s evidence of substance abuse, serious mental health problems, or impaired parenting concerns. Note that mental health concerns are often used against one parent by the other during custody battles, but a judge doesn’t generally order supervised visitation simply because one parent has a diagnosis. If that parent is seeking treatment and has their condition managed, the court won’t intervene simply because the other parent wants them to.
The court ultimately looks at whether or not the parent’s behavior affects the child’s safety. A parent who drives under the influence with the child, is intoxicated at exchanges, makes suicidal threats, misuses medication, or doesn’t meet the child’s basics needs due to their condition may only get supervised visitation.
Reintroducing a Parent After Absence or Estrangement
These visits are also suitable if a parent and child have been estranged for a long period of time. If the custodial parent’s child custody lawyer believes that rapid reintroduction to the child could harm the child, they may ask to build up to unsupervised visitation over time. For example, this may be a good solution if a parent has been absent for months or years. It may also be ordered if the parent and child have never had a relationship, as the child will essentially view the other parent as a stranger.
Find Out How Our Victorville Child Custody Law Firm Can Help You
If you think supervised visitation could protect your child, the team at Ewaniszyk Law Firm is here to help you make a plan. Schedule your consultation now by calling us at 760-245-7310 or contacting us online.
Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.