Generally, California law favors parents having equal decision-making authority and time with children. However, there can be circumstances when a parent will have supervised visitation. If you believe that supervised visitation may be an issue in your California child custody case, it’s important that you understand how this type of supervision operates. So, how does supervised visitation work in a California child custody case?
What is Supervised Visitation?
Supervised visitation occurs when a court orders that a parent can only see their children while being monitored by a third party. This type of visitation is sometimes referred to as monitored visitation. The court order will also usually designate a schedule for supervised visitation.
When is Supervised Visitation Necessary?
California family courts are charged with making custodial decisions that are in the child’s best interest. When a parent cannot provide a comfortable, safe, or healthy environment for a child, it may be in the child’s best interest to limit that parent’s contact. There are various circumstances when supervised visitation may be ordered, such as when:
- A parent has a history of drug or alcohol addiction,
- A parent has been violent in the past,
- A parent has not been involved in a child’s life for a long period,
- A parent does not have a relationship with their child,
- A child may be at risk for parental abduction, or
- A parent has a history of domestic violence
Supervised visitation can be agreed to by parents or ordered by a court. If the visitation is court-ordered, the court will usually designate when and where the visits will take place and who will monitor the visits.
Who Can Supervise Visits?
A professional or non-professional provider can monitor supervised custodial visits. Professional providers are individuals who are paid to provide their supervision services. These individuals may work independently or as part of an agency or service. Non-professional providers are those who are not paid to oversee visits. Generally, these supervisors are family members, friends, or close loved ones. However, this person may also be an acquaintance.
Parents who can agree to supervised visitation sometimes can also agree on who should supervise visitation. However, finding a non-professional provider who both believe can be neutral can be challenging. For instance, the parent with primary custodial rights may want their parent to monitor visits with their ex. However, the supervised parent may not believe their former in-law can be fair. In that circumstance, it may be better for the parent to have a professional monitor.
Supervised visitation can be complicated, and it’s important that you understand how it works and when it may be necessary. The best way to get the information you need regarding your California child custody matter is by working with an experienced California family law attorney. Your child custody lawyer can review your concerns and help you determine your options regarding visitation.
Contact an Experienced California Child Custody Attorney
If you have a California child custody concern, you should meet with a California divorce attorney as soon as possible to discuss the matter. Your child custody lawyer can help you evaluate your situation and determine your supervision options. The attorneys at the Law Offices of Judy L. Burger are experienced California divorce and child custody attorneys who can help you during and after your case. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.