Parents are often concerned that the well-being of their children is at risk from the other parent. For this reason, many of them want to know if visitations may be supervised. Child custody judges will generally protect a parent’s right to see their child, so supervised visitations are never a guarantee. Understanding what sort of evidence you need to put forth is essential to request them. Let a knowledgeable Greenville, SC child custody attorney help make your best argument in court.
Supervised visitation generally exists where a judge is concerned about the child’s safety or welfare. While respecting the right of the parent to visitation, judges don’t have to leave the child unsupervised in their presence. In cases like these, the family court will usually order supervision by the other parent, a third party, or an agency.
The Impact of Supervised Visitations on the Child
Sharing time with both parents, free from another person’s involvement, is in the child’s best interest in many cases. But this is certainly not true in all of them. There are times when spending unsupervised time with a parent could jeopardize the child. When evidence is presented that raises this question, your Greenville, SC judge will have to consider it. That includes evidence of the following:
Drug or alcohol abuse
Other incidents of violent behavior
Likelihood that the child will be kidnapped by the other parent
History of child abuse, sexual molestation, or neglect
Conflicts between the parents
Not all justifications for requesting supervised visitation are due to some ill intent on the part of a parent. Some parents, for example, have mental illnesses or other struggles. While they want to see their children, judges must be mindful of their limited capabilities. Another example involves parents who have a disability that makes them unable to physically care for the child. If you believe there is a reason to request supervised visitation, ask your Greenville, SC child custody attorney about it.
Are Supervised Visitations Temporary or Permanent?
The supervised visitation that you request from the court may be temporary or permanent in nature. Temporary supervised visitation is usually ideal for a parent who is showing signs of overcoming a particular limitation. This may include, for instance, a parent who has made progress recovering from drug or alcohol abuse. Supervision for a limited period of time may be appropriate to ensure the parent succeeds in overcoming the personal obstacle.
But then there are cases where long-term or indefinite supervised visitation may be necessary. These are situations where you want to especially involve the input of an experienced Greenville, SC custody attorney. These types of cases are not as common as those requiring short-term supervision. However, they could exist where the parent is showing no signs of self-improvement or getting the help they need. When a judge is presented with a scenario like this, of course, the child’s best interests must be considered. The judge also has to evaluate the likely advantages and disadvantages of the parent having unsupervised time with the child.
A parent can request supervised visitation at any point during custody proceedings, if the facts justify it. You may ask for it at the start of the case, or later as evidence emerges in favor of supervision. To modify a prior child custody order, you need to demonstrate that there has been a significant change in circumstances. Ask your Greenville, SC child custody attorney about the best approach to asking for supervised visitation.
WE CAN HELP WITH YOUR CHILD CUSTODY MATTER
Child custody cases are complex and are some of the most emotional ones in family law. If you have concerns about your child’s safety or well-being with the other parent, you deserve answers. Let Greenville Family Law help. Give us a call today to schedule a consultation to discuss your custody matter.