Safety Concerns with a Non-Custodial Parent and Supervised Visitation

Safety Concerns with a Non-Custodial Parent and Supervised Visitation

When custody or visitation is in dispute, the court’s primary focus is always the safety and well-being of the child. But what happens if one parent raises serious concerns—such as substance abuse, domestic violence, or neglect—regarding the other parent’s ability to safely care for the child? In these situations, the court can order supervised visitation.

In this video, family law attorney Sina Mohajer will explain what supervised visitation is, when courts in California typically order it, how it works in real life, and what steps you can take to modify the order down the road. Whether you’re the custodial parent seeking to protect your child or the non-custodial parent hoping to restore unsupervised time, understanding this process is key.

If you’re facing child custody challenges or have questions about supervised visitation, Mohajer Law Firm is here to assist. We specialize in family law and are committed to protecting your child’s well-being.

Transcript:

When you’re involved in a custody and visitation case, there may come a time where you might have some concern for the safety and well-being of your child when they’re with a non-custodial parent. But what options do you have? Do you ask a judge to stop all contact between that parent and that child? Of course not.

But there is an alternative, and it’s called supervised visitation. In this video, we’re going to discuss exactly that. What is supervised visitation? When will the court require it? How does it work? And lastly, when can you modify the orders in order to eliminate the supervised visitation altogether?

Hi, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Family Law, Criminal Defense, Personal Injury, and Estate Planning.

In these videos, I like to tackle complex legal issues and try to simplify it for our viewers in order to give you that knowledge and know-how and be able to navigate around these issues when you’re handling it on your own. So if you like the contents of this video, hit that like button. Don’t forget to subscribe. So you’re always in the know about any new videos being posted. So without further ado, I welcome you all to our new mini-series called A Walk in the Park.

What Is Supervised Visitation?

So what is supervised visitation? Supervised visitation allows for the non-custodial parent to still visit with their child, but under a safe setting to ensure that the best interest of the child is always being looked after. Supervised visitation can be split between a professional monitor or a nonprofessional, and that’s depending on what the court orders.

Non-Professional Monitor

If the court orders a nonprofessional, then usually the parents will agree on who that monitor can be, whether it’s a family member, a friend, or what have you.

Professionally Monitored Visitation

But if the court orders professionally monitored visitation, then it’s going to be at a facility that’s court-approved where some random person will accompany you on those visitations just to ensure the safety and well-being of those kids are being met.

When Does the Court Require Supervised Visitation

So when do you think the court would require supervised visitation? Normally, when there’s allegations of domestic violence, or abuse, neglect, if there’s substance abuse or mental health issues, or even if there’s a risk of abduction, or possibly even parent alienation. If any of those circumstances are to be found in the court, then the judge will most likely order supervised visitation in order for you to maintain your relationship with the kids, but under a safe setting.

How Does Supervised Visitation Work?

So how does supervised visitation even work? Well, normally your visits are going to be at a public place, unless under very specific circumstances, you might be able to get away by having your visitation done at your house or what have you. But normally it’s going to be at a public place, for example, a park, a Chuck E. Cheese, a bowling alley, or what have you.

Normally they’re going to be limited in time as well because you’re involving a third party and taking up their time. You’re not going to have a significant amount of time if you have your visits monitored. So usually you’re limited between 4 to 6 hours once a week.

The monitor also has to confirm with the custodial parent as far as the timing, so it’s not like you can just pick any day of the week or whatever time you want. There’s some coordination involved.

How to Modify a Supervised Visitation Court Order

But how long do you have to wait until you can go back into court and request for the monitor visits to be lifted? And that’s done through a modification. There’s other videos where I discuss the nuances and procedural posture that you need to take when modifying a custody order.

Show Progress Through the Monitor’s Reports

But in this particular video, we’re just going to address the fact of what you need to show the court in order to eliminate the monitor altogether. For example, if you can show progress that the safety and well-being of the children are being met without the need of a monitor by reviewing reports that a monitor might provide.

Opt for a Professional Monitor

And that is one thing that I encourage my clients, specifically. If there’s a choice between a professional or a nonprofessional, my personal opinion is go with the professional. There is a cost, but at the end of the day, you have a third party neutral. There’s no way the other side’s going to be able to argue anything about that monitor being biased. Furthermore, if it’s a professional monitor, you’re going to get reports after every visit.

And if those reports come back with nothing but positivity, then the court’s going to have no other choice but to lift that monitor and allow you to have that time uninterrupted with your own kids.

Contact a Child Custody Attorney About Supervised Visitation

So if you have questions about your particular case, or perhaps you have questions about supervised visitation, I welcome you to call our office and schedule a consultation. I’m happy to sit down with you one on one to discuss your case in more detail.

So again, if you like the contents of this video, please go ahead and hit that like button and don’t forget to subscribe. So you’re always in the know about any new videos being posted.