Supervised Visitation
During separation, one parent may be concerned the other should be not left alone with the child/children and may request that all visitations be under court-ordered supervision. The courts will decide what is in the best interest for the child, while still allowing the non-custodial parent to cultivate a positive relationship with the child.
Contrary to popular belief, supervised visitation is rarely ordered. It generally occurs when there is a history of drug or alcohol abuse, physical and/or emotional abuse (either towards the child or another family member) or in any other instance where the welfare of the child takes priority over the relationship between that child and the non-custodial parent.
Despite cases where drug or physical abuse occurs, there are also other examples where parental supervision is warranted though not necessarily due to any fault of the non-custodial parent. For example, in cases where the non-custodial parent has been estranged from the spouse and child, a re-introduction may be made with a third party present. Additionally, a medical condition may be present that could make it dangerous for the non-custodial parent to be alone with the child, in which case a third party would be in the best interest for the safety of the child.
In some circumstances, a “family-and-friends” style supervised visitation might be considered, however this is often ineffective. Personal biases and taking-sides can occur and hinder the point of the visit itself. Because of that, in the State of New York, supervised visitations are often monitored by neutral, professional third party entities who have the legal power to intervene during a visitation should it be warranted. This task is often left to professionals such as social workers. Visitations may be one-on-one with a social worker nearby, or they may take place in a larger room and be monitored by several supervisors.
When supervision has been deemed necessary, it is usually not for an indefinite period of time. Rather, the goal is to have the supervision go on for as little time as possible while remedying the reasons for the supervision. In some cases, court-ordered therapy sessions or anger management classes may need to be attended and passed. Over time, monitoring of a non-custodial parent’s visits may be decreased. The goal of supervision isn’t to punish the non-custodial parent but is usually rather to get them back on the track to where their supervision is reduced and/or where they can see their child unsupervised.
Court-Ordered Supervised Visitation Can Lead To Non-Stop Litigation
In some cases, allegations of improper or unsafe behavior toward the child will more often than not lead towards bitterness and a constant tug-of-war between two parents. Whether this is based on legitimacy or the need of one parent to “punish” the other is not as relevant as the fact that regardless of the motive, the behavior can lead to endless litigation. The best way to protect yourself is to establish your own time-line of events, with witnesses available in the event your spouse makes a false accusation.
False Allegations of Child Abuse
During a custody battle, false allegations of child abuse can occur. This is scary for everyone involved, especially for the accused who may have no other course of action as courts generally try to err on the side of protecting the child and may choose to assign supervised visits in a “better-safe-than-sorry” effort to protect the child.
At our firm, our highly experienced supervised visitation attorneys will defend you against false allegations. We have the experience and training to conduct an investigation into child abuse accusations, and sort out what may be the truth and what isn’t. Remember, false accusations can and will be made, memories can be tainted, and children manipulated to appease their parents.
We are an experienced law firm in the area of supervised visitation and custody issues. We have an aggressive strategy when it comes to cases where parental supervision is questioned, and we are the most effective representation when it comes to your case. We investigate, using all relevant pieces of evidence such as photographs, diary entries, video and tape recordings and our own investigative reports to get all the facts and present them in the most effective, professional manner to the courts. Call us at (646)358-4976 and talk to one of our attorneys today.
