When child custody is decided as part of a California divorce, the court will also either approve an agreed-upon child visitation schedule or impose one on the parties so that both parents are able to maintain contact and a relationship with the children of a marriage. However, there are certain situations where the only visitation that will be allowed would be supervised visitation, and this can be extremely difficult for everyone involved. Anyone who is dealing with this issue should seek the immediate help of experienced San Diego men’s rights lawyers, and below is a brief overview of supervised visitation.
What Is Supervised Child Visitation?
Supervised visitation is still child visitation that many would recognize, but the obvious difference is that a neutral third party is present during the entire period of the visitation. This third party is supposed to monitor the visitation, the interaction between the children and the parent and of course the conversation that occurs. This third party also is charged with protecting the child from any discomfort or fear, and this person has the ability to end the visitation if necessary.
Who Orders Supervised Child Visitation?
The family court will generally order supervised visitation when necessary, and there are many factors that could arise that could lead to this order. However, the court itself will not proactively make this order, as one of the parties and/or the Department of Child Care Services (DCSS) will recommend this arrangement for a period of time.
Why Would Supervised Child Visitation Be Ordered?
Child visitation can be ordered for any number of reasons, but they usually deal with the perceived fitness of the parent who will only see the children with a third party present. The court’s overriding interest in any California divorce will be the best interests of the child. Therefore, if there is any history of abuse of family members, of substance abuse, chemical dependency or abandonment issues, any of these past problems could lead to the court ordering this arrangement.
Can a Parent Challenge Supervised Child Visitation?
The short answer to this question is that yes, a parent can fight against a recommendation of supervised child visitation, and a parent can make a motion to end the period of supervised child visitation. However, these are difficult tasks to undertake, which means that anyone who finds him or herself in this situation should seek experienced legal help to work through the process.
If you find yourself facing this issue, contact the San Diego men’s rights lawyers at the Men’s Legal Center today to schedule an initial consultation.