Arkansas Motion for Visitation at a Supervised Visitation Center

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Multi-State
Control #:
US-03344BG
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Word; 
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Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Supervised access is where one or both parents have their visitation with their child supervised by another; this could be by a person known to them, or an independent supervisor provided through a service such as Children's Contacts Services.

If the parties share true joint custody and have similar income levels, the court may not require child support to be paid by either party. However, if there is a large income disparity between the parties, then the court will typically perform an offset of child support.

There is no specific age in Arkansas when a child can refuse to visit with a non-custodial parent. However, Arkansas law does permit the court to consider the child's opinion on visitation if the child is of sufficient age and capacity to reason, regardless of age.

Supervised visitation is when the noncustodial parent can visit with the child only when supervised by another adult. It is used to keep the child safe, while supporting the parent?child relationship. It also guarantees the custodial parent knows where the child is during visits.

While there is no specific definition under Arkansas law, an unfit parent is one who has failed to have regular contact with a children for a prolonged time without justifiable cause or has failed to contribute to their support for a prolonged time without justifiable cause.

Arkansas has recently updated its method of calculating child support obligations through Administrative Order No. 10. The previous method only considered the income of the non-custodial parent, but the new ?income-sharing? model takes into account the income of both parents.

Among other things, Act 604 created a rebuttable presumption of joint custody in all child custody cases , making Arkansas the first state to require ?clear and convincing evidence? to deviate from that rebuttable presumption. (Kentucky passed a similar law in 2018, but with a lesser legal requirement to deviate.)

Since Arkansas courts automatically assume that visitation is in the child's best interest, judges will typically grant visitation to non-custodial parents. However, judges can also deny child visitation if they decide it is not in the child's best interest.

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Arkansas Motion for Visitation at a Supervised Visitation Center