I need help understanding, "What is Supervised Visitation in Orange County, California"
What is Supervised Visitation in Orange County California is an excellent question. Supervised visitation is the time that a noncustodial parent can spend with his or her child, as per court order, while another adult is present.
In California, when one parent is awarded sole custody of a child, that parent is considered the custodial parent. This means that the child lives with the custodial parent, and not with the other parent (the noncustodial parent).
In most cases, it is in the best interest of the child to have a relationship with both parents. Usually, in a sole custody situation, there will also be a visitation stipulation in the custody and visitation order, which allows the noncustodial parent to spend time with the child even though the child does not live with that parent.
Basics of Visitation Orders in Orange County, California
All custody and visitation orders in California are made based on the best interest of the child. In some cases, it is in a child’s best interest to only have contact with the noncustodial parent while another adult is present. This adult may be the custodial parent, a professional, a family friend or another family member, or another adult. The court may or may not specify who the other adult will be.
A supervised visitation order may be scheduled or reasonable, depending on each specific family’s situation, and the reason why supervised visitation was ordered.
A scheduled visitation order is very specific, and does not necessarily require that visits are supervised. It includes the specific days and times that the child spends with the noncustodial parent. A scheduled visitation order can also include things like holidays, family vacations, birthdays, school breaks, and family specific celebrations. It may also list the times and places where the child will go from one parent to the other, or who will pick up or drop off the child at school and other activities.
This leaves little room for confusion in following the terms of the order, as parents may not always get along when a custody agreement is put into place, or as they adjust to a new lifestyle. If one parent violates the custody agreement, it is easy to keep track when a scheduled visitation order is in place.
Slightly less strict than a scheduled visitation order, instead of listing the specifics of the visitation requirements as far as times and dates, a reasonable visitation order lists a general amount of time that the child will spend with the noncustodial parent. It may list the number of days or hours per week, but leaves the execution up to the parents.
In order for a reasonable visitation order to work, the parents need to be on good enough terms with one another that they can communicate and work out how visitation will work. Both parents should encourage the child’s relationship with the other parent.
If it is in the child’s best interest to spend time with the noncustodial parent, the court may choose not to award visitation rights. In these cases, it usually means that spending time with the noncustodial parent would physically or mentally harm the child.
Why is Supervised Visitation Necessary in my OC California custody case?
All custody and visitation orders are determined based on the best interest of the child. The reason for awarding supervised visitation to the noncustodial parent is simply because it is in the child’s best interest to spend time with the parent, but only while another adult is present. It would not be in the child’s best interest to spend time with the noncustodial parent without another adult present. There are several reasons why this may be the case.
The noncustodial parent wants to address certain issues that he or she may have.
These issues may be preventing the noncustodial parent from having unsupervised visitation, or custody of the child, and can include things like drug or alcohol abuse, gambling issues, or a lack of a safe home for the child to stay in.
The child and the noncustodial parent do not have an existing relationship.
This can occur for several reasons.
If the noncustodial parent did not know that the child existed until recently, the parent and child may not have an existing relationship. The purpose of supervised custody in this situation is to allow the parent and child to form a relationship, so that the parent can one day have unsupervised visitation or custody of the child.
If the noncustodial parent was aware of the child’s existence, but was not in the child’s life until recently, there may not be an existing relationship. This can happen if the parent was in the military or had a job that required travel or for the parent to be overseas, or because the parent chose not to be in the child’s life, or because the custodial parent prevented the child from forming a relationship with the noncustodial parent and there was no custody order in place. The parent can then use this time to get to know the child, and once the child is comfortable with the noncustodial parent, the parent could potentially have custody or unsupervised visitation rights.
When the noncustodial parent has a history, or allegations of domestic violence, child abuse, substance abuse, or neglect.
A parent who has a history of any of these actions, or who is alleged to have done any of them may not be resigned to supervised visitation. However, if it is part of a restraining order or a hearing, it is in the best interest of both the child and the noncustodial parent to follow the terms of the restraining order or the temporary custody and visitation order until a more appropriate permanent order can be put into place.
Child Custody and Visitation Attorney in Southern California
If you have question about supervised visitation, or if you wish to modify an existing custody and visitation order, it is imperative that you discuss your family situation with a qualified child custody attorney in Orange County. Contact the lawyers at Yanez & Associates today to schedule your free initial consultation.
Table of Contents
- 1 I need help understanding, "What is Supervised Visitation in Orange County, California"
- 2 Basics of Visitation Orders in Orange County, California
- 3 Why is Supervised Visitation Necessary in my OC California custody case?
- 4 Child Custody and Visitation Attorney in Southern California