A Guide to Supervised Visitation

One of the primary concerns for most parents in a divorce is maintaining a healthy and loving relationship with their children. If the parents do not share physical custody, the non-custodial parent may seek visitation. But in some cases, unrestricted visitation may jeopardize the child’s health, safety, or welfare, in which case a court may require that visitation be supervised. If you are considering requesting supervised visitation, a Stockton child visitation lawyer can explain the process to you. 

Why Courts May Require Supervised Visitation 

Non-custodial parents typically are granted visitation rights with their children. In most cases, visitation is unsupervised, meaning that the non-custodial parent and the child may spend time together alone. However, visitation is granted only if it is in the best interest of the child, and in some cases unsupervised visitation with the non-custodial parent is not in a child’s best interest. 

Courts typically require supervised visitation in the following instances: 

• There are allegations of domestic violence, abuse, or neglect
• There are concerns about potential child abduction  
• The parent and child have never met or have been apart for a significant period of time
• There are allegations or a history of drug or alcohol abuse
• The parent has a history of engaging in parental alienation 
• The parent suffers from a mental illness 

Simply put, California family law courts recognize that frequent and continuing contact with both parents generally is in the best interest of children, but also that the child’s health and safety come first. Supervised visitation is thus a compromise intended to achieve both objectives. 

Professional Providers vs. Nonprofessional Providers 

A provider — the person who supervises the visitation — is a neutral third party whose job is to observe the interactions between parent and child. Providers may be either professional or nonprofessional. A professional provider is a person who has special training in supervising parent/child visitation and must meet strict screening criteria (see Cal. Fam. Code § 3200.5(e)). A nonprofessional provider typically is a friend or family member without special training but who nonetheless can be trusted to fairly and safely supervise the visitation (see Cal. Fam. Code § 3200.5(d)). 

Requesting Supervised Visitation 

The parent who is seeking supervised visitation must file an order with the court, which must include an explanation of why they are seeking to have visitation supervised and any evidence supporting their allegations against the other parent. They petitioner parent must then serve notice on the other parent. The court will then hold a hearing, where all parties will have an opportunity to make their case. At the conclusion of the hearing, the court will consider the evidence and arguments and make its decision. If the court orders supervised visitation, the order will specify the relevant details, such as the duration and frequency of visits, whether the provider is to be professional or nonprofessional, and how the parties will pay for a professional provider. 

Discuss Your Concerns Further With a Stockton Child Visitation Lawyer 

Requesting supervised visitation is a sensitive decision, but one that ultimately may be in your child’s best interest. To discuss your concerns further, please speak to a Stockton child visitation lawyer at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.