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22 Jul 16

Can supervised visitation be a condition in our custody agreement?

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If the court believes the parent is untrustworthy, or potentially dangerous, the court can submit that all visits be supervised. It can include this in the custody agreement. The judge can order supervised, or restricted, visits, if the judge believes the child’s welfare will be endangered as a result of regular visits. The goal of a supervised visit is to allow the child an opportunity to maintain ongoing relationships with the original parent – while in a safe setting.

The supervised visitation will generally take place in the presence of a visitation monitor, or someone who can be held responsible for overseeing the visit between the child and parent. The point of this is to ensure the child remains safe, and isn’t objected to inappropriate activity.

Here are examples where a court might agree to a supervised visit:

-Threat of kidnapping

-Non custodial parent has a history of drug, or alcohol abuse

-Threat of physical, mental, or sexual abuse

-Parent is suicidal

The judge responsible for your case will do everything in his judgement, to ensure the “best interest of the child,” is preserved. He will determine if unobstructed visitation would endanger the child’s health. The judge will decide of a visitation monitor is required or not. Judges may require the non-custodial parent to attend anger management/parenting classes, before letting him, or her, to get ANY visitation at all.

If you have other questions, please speak to one of our NYC matrimonial lawyers today.

 

 

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