When parents are divorced or separated and make custody arrangements for their children, there is a standard possession order that allows the non-custodial parent to have substantial unsupervised access to their child.
However, the state uses the best interests of the child standard for all custody and visitation decisions. If the court determines that unsupervised visitation is not in a child’s best interests but that continued contact with a parent is, it may order supervised visitation.
In Frisco, there are several providers for supervised visitation. However, the court may specify one preferred provider and require that all visits happen there. Many of these providers have waiting lists, which can delay the start of visitation. Speak to a skilled visitation attorney today to better understand this legal process.
Supervised visitation aims to maintain the parent-child relationship in an environment that still prioritizes the child’s safety and well-being. Based on the court’s reasoning, it can be used in many contexts in Frisco.
The court could order a family member to supervise visitation, which saves the parents fees associated with a supervised visitation facility. However, in many instances, the court will determine that supervised visitation at a facility is in a child’s best interests.
The default for visitation is unsupervised. To deviate from that, the court needs a reason that supervised visitation is in the child’s best interests. The fact that the parents cannot get along is rarely enough to get a supervised visitation order, though it may lead to custody transfers in public places.
Reasons that the court will order supervised visitation include the following:
Any of these variables can be factored into a decision for supervised visitations by the court.
Research suggests that children who witness domestic violence experience many of the same adverse effects as victims of physical abuse. Supervised visitation allows children to see a parent with a history of domestic violence or child abuse in a safe scenario where they do not have to fear for their safety.
Parents with substance abuse or mental health issues can pose a threat to their children if they are actively using substances or failing to medicate or otherwise treat mental health issues.
Supervised visitation allows trained professionals to observe the parent before a session and deny visitation if the parent appears to be under the influence or in the midst of a mental health situation.
Parents with criminal histories may or may not pose a threat to their children. Some criminals have never and would never hurt their children. However, the criminal history may have made them absent from the child’s life for extended periods. Supervision can help the parent and child build a relationship in a secure setting.
Some parents pose a threat of parental kidnapping. Signs include prior kidnapping attempts, citizenship in another country, or threats to abduct the child. When a court determines these threats are real, it can order supervised visitation to protect the child.
Like any other decision impacting child custody or possession, a Frisco court should only order supervised visitation when it is in the child’s best interests.
However, the custodial parent may not want the other parent to have visitation, while the non-custodial parent may wish for unsupervised visitation.
A dedicated family attorney could help you understand all of the possibilities for visitation. Call our law office today to schedule an initial meeting.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
