Supervised Visitation in California: What You Need to Know

California Supervised Visitation

Some child custody and visitation orders may include supervised visitation. Here’s what you need to know about supervised visitation in California.

Child custody and visitation orders specify certain details about how visitation will occur. Depending on the particular circumstances, a judge may decide that visitation can only occur if there is a third party present. This type of visitation is known as supervised visitation.

What is visitation?

When parents separate, they must decide how the child will be cared for and where they will live. Parents may agree to a parenting plan outside of court, but if they can not, then they must ask the court to decide. The resulting decision is known as a child custody order, and it is determined based on what the judge believes to be in the child’s best interest.

There are two types of custody that must be determined: physical and legal. Physical refers to whom the child lives with, while legal refers to who has the ability to make important decisions regarding the child.

Both of these types of custody can be shared relatively evenly between the parents (joint) or may be held by only one parent (sole). If a parent does not have sole or joint physical custody, then the child will live with them for significantly less than half of the time, if at all. In this situation, the parent in question (usually) has visitation with the child that is outlined in the order.

In general, visitation is the plan that determines who the child will spend time with and when, and it determines when and how the noncustodial parent will be with the child. While typically thought of as a specific schedule, these visitation plans can be general as well, if the judge believes that to be beneficial.

Supervised visitation

In some scenarios, a judge may believe that a parent having visitation with the child alone would not be in the child’s best interest. There are two paths that may be followed from here: “no visitation” or “supervised visitation”. “No visitation” is self-explanatory; it is reserved for when any contact between the child and the parent would not be in the child’s best interest, such as if the parent is extremely abusive. “Supervised visitation”, on the other hand, allows for the child and the parent to have contact only under the supervision of a third party. The third party in question may be the other parent, another adult, or a professional agency, and will be determined by the court based on certain criteria. For example, a nonprofessional supervisor must not have been convicted of certain crimes, and a professional supervisor must be at least 21 years old.

There are several reasons why a judge may order supervised visitation, including (but not limited to):

If the parent and child have had little or no contact previously, and as such need help being introduced or reintroduced
If there is a history of abuse by the parent
If there is a risk of abduction
If there are mental illness concerns

When determining the child’s best interest, the State of California places a very strong emphasis on the child maintaining contact with both parents. This is why supervised visitation occurs; even if the parent may pose a threat to the child if they are alone, the state believes that maintaining contact in a safe manner is preferred to cutting off all contact. As such, “no visitation” is reserved only for extreme situations.

If an existing custody order does not include supervised visitation but a parent believes that the child is in danger when having visitation with the other parent, the parent may request that the order be modified to include supervised visitation. In situations such as this, it is recommended to speak with an expert child custody attorney who will provide guidance through the process of changing custody orders.

FAQs about supervised visitation in California

What is supervised visitation?

Supervised visitation is a type of visitation in which a parent may only have contact with the child under the supervision of a third party, such as the other parent or a professional agency.

Why would a judge order supervised visitation?

Supervised visitation is ordered in certain circumstances, such as if there is a history of abuse or if the parent and the child have never met before. The judge will only order it if they believe that supervised visitation would be in the best interest of the child.

Can I request that my child custody order be modified to include supervised visitation?

Yes, child custody orders may be modified, but certain requirements must be met.

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If you or a loved one have any more questions about supervised visitation in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!