Under What Circumstances Is Supervised Visitation Ordered In A Divorce?
The usual circumstance for supervised visitation is where there has either been domestic violence, a serious abuse or neglect history, or a parent who has a drug and alcohol issue. In the latter cases, the custodial parent may feel more comfortable with having a supervisor, like a social worker, monitor either a Breathalyzer test at the beginning of the visit, or the entire visit. It is also possible to arrange supervised drop-offs – rather than supervised visitation – if the parties are concerned with hostility or documentation of missed/late exchanges.
What Are My Options If My Ex or My Child’s Parent Is Not Following Visitation or Custody Agreements?
For relatively minor violations, the first thing you should do is document it. You will usually want to send a default notice letter, which can simply be an email, calling the person out on the specifics of the violation and requesting that they immediately go back to following the order. If there is a pattern and it is not being rectified, then you need to get lawyers and judges involved by filing a violation or enforcement petition with the family court. And in more serious violations (such as withholding custody of a child), one should immediately proceed to file a violation petition, call the police and/or file a “writ of habeas corpus” application.
For more information on Supervised Visitation in A Divorce Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 914-368-7580 today.