Protective Measures: Supervised Visitation, Relocation, and Safety Plans
In an ideal world, all co-parents would have healthy, productive relationships that allow them to both put their children first. But for many single parents in California, that’s not possible. Instead, they are forced to co-parent with someone who puts them or their children in danger. The courts aren’t always quick to take away an individual’s parenting time or access to their child, but when a child’s safety is in question, they will step in and provide one of three main protective measures. If your child is in danger or your co-parent is unable to keep them safe, it may be time to talk to a child custody lawyer about your next steps.
That’s where the team at Ewaniszyk Law Firm steps in to help. Our team of child custody attorneys understands the intense mental pressure and strain you’re under when your children are in danger. Attorney Diana L. Spidall advocates for her clients during negotiations and in court, fighting for their right to raise their children safely. For over 20 years, Ms. Spidall has helped families find solutions that meet their needs. Call our child custody law firm at 760-245-7310 to set up a consultation with our team now.
When Courts Use Protective Measures
California courts take allegations of harm very seriously, but those allegations must be substantiated before they will take action. Otherwise, there’s a fear that co-parents could use false allegations to take full custody and limit their co-parent’s access to their shared children. For that reason, having as much evidence as possible when you start a claim is crucial. Some of the most common reasons that the court will approve protective measures include:
- Domestic violence and coercive control
- Substance abuse or addiction
- Untreated mental health conditions that put a child in danger of abuse or neglect
- Repeated violations of court orders
- Substantiated concerns of child neglect, emotional harm or abuse, or inconsistent caregiving
- Risk of one parent fleeing with the child
Under California state law, there is a rebuttable presumption that an award of sole or joint custody to someone who has perpetrated domestic violence against the child or other co-parent would be against the child’s best interest. While you take steps to prove domestic violence or the threat of harm and neglect, protective measures can bridge the gap and help you protect your child.
Supervised Visitation
Supervised visitation is one tool used by California courts to allow parental contact while protecting a child from preventable harm. Supervisors may be a professionally trained and compensated third party or a trustworthy third party, such as a family member or friend. The court is unlikely to allow a family member or friend to serve as supervisor unless they have reason to believe that they will actually act in the child’s best interest—not the supervised parent’s.
When does a court award supervised visitation? This may be a solution when the court is uncertain if a parent can safely care for the child without oversight. It may also be used if a child is building (or rebuilding) a relationship with a parent after a long period of no contact.
Relocation Requests
When one parent wants to move away with a child they share with a non-moving co-parent, the court takes steps to protect a child’s stability. California courts use LaMusga factors to determine whether or not a relocation will be allowed. These factors include whether or not the child will enjoy stability and continuity of quality of life with the proposed move, the child’s relationship with each parent, whether or not the parents will be able to communicate to maintain the relationship after moving, the distance of the move, and current custody arrangements.
This can be helpful for those who are facing threats of relocation used as a form of control. If your co-parent is threatening to move away with your child if you don’t agree to their terms, know that it’s not that easy—a child custody lawyer can advocate for you to keep your child where they are comfortable.
Safety Plans
A court may order various safeguards to minimize conflicts between parents and protect a child from unnecessary exposure to that conflict. In many cases, these safeguards are actually requested by abuse victims. Your child custody attorney can help you determine which safeguards may be appropriate for you:
- Neutral, supervised exchange locations
- Limits on contact methods
- Sobriety and drug testing requirements
- Restrictions on firearms or overnight visits
Contact Our Victorville Child Custody Law Firm Now
Wondering if any of these solutions fit your needs? The team at Ewaniszyk Law Firm is here to help. Call our child custody law firm at 760-245-7310 or contact us online now.
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.