In post-divorce situations, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; 2) welfare of the children must not be compromised.
If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves.
Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial parent had been involved in inappropriate sexual behavior with the child.
Supervised visits come in various forms:
If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves.
Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial parent had been involved in inappropriate sexual behavior with the child.
Supervised visits come in various forms:
- A neutral third party is present during the visit (e.g., friends of the family, another family member, a child-care provider, etc.)
- Professionals monitor the visits at a neutral location - someone from an independent agency, social services, or possibly a mental-health professional
- The custodial parent is present. This might be an option when the child is very young, but great care must be taken to not expose the child to any conflict between the ex-spouses.
If you believe unsupervised visits with your ex-spouse are not in your child's best interests, contact The Law of William J. Luse at 843-839-4795 today.
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