The state of California has a public policy to promote the best interest of the child when his/her parents have a custody or visitation matter in family court. In addition to promoting frequent and continuous contact with the child, the courts must make sure that the child is safe and protected. Sometimes as a safeguard in order to protect the safety of a child, a family court judge will place limits on the non-custodial parent's visitation with the child and order what is known as supervised visitation.
Supervised visitation means that a child may only have visitation with the non-custodial parent when a neutral third party is present to supervise the visit. The third-party can be a professional or a therapeutic provider who has experience and is trained in providing supervised visitation. Professional and therapeutic providers typically charge an hourly fee to supervise the visitation. The third-party may also be a non-professional provider, like a family member or family friend who is qualified under specific criteria and agrees to supervise the visitation (typically at no cost to the parties).
A family court judge may order supervised visitation for a variety of reasons in which there is a concern about the protection and safety of a child. For instance, allegations of neglect, substance abuse, domestic violence or child abuse will likely warrant supervised visitation. Supervised visitation may also be ordered when there is a threat of kidnapping or there is a concern of mental illness. Additionally, if the parent has been absent in the child's life for a significant period of time or there is a lack of relationship between a parent and child, supervised visitation may be necessary to help introduce the parent and child.
A court order for supervised visitation will specify when the supervised visitations will take place and for how long they will last. Sometimes the court order will also specify where the visitations are to take place and who exactly will be the designated supervisor. Depending on the circumstances, a court may even order that the supervised visitation only take place within a visitation facility.
Ultimately, the goal of supervised visitation is to protect the child and to get the family in a position where supervision isn't necessary. A court will continue to monitor a case to determine if supervised visitation is still necessary or if it can be lifted to unsupervised visitation.
We understand that this is a sensitive situation that could greatly affect your family and your relationship with your children, and our team can provide you with the caring and outstanding legal counsel you need and deserve. If you would like to discuss your rights under California's child custody laws, we encourage you to contact us as soon as possible.