California Motion for Supervised Visitations

State:
Multi-State
Control #:
US-03343BG
Format:
Word; 
Rich Text
Instant download

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

California law recognizes four types of visitation arrangements. Reasonable visitation. Reasonable visitation is a relaxed visitation system ordered by judges when they believe the parents get along well enough to coordinate their visiting schedules, and they'll do so in the child's best interests.

No matter the situation between the adults, children should not have to suffer because of their parents' disagreements. This sort of violation of court ordered child custody in California can lead to wage garnishment, asset seizure, and contempt of court proceedings.

If a parent refuses to make a court ordered visit happen, the parent risks criminal or civil penalties or both. The orders are legally binding only on the parents, not children.

After considering all relevant variables, a ruling can be made, awarding sole or joint custody. Note that if sole physical custody is granted, the non-custodial parent may have visitation rights allowing them consistent contact with their child. Thus, the parent may not be completely blocked from seeing their child.

Supervised visitation is when a parent spends time with their child with a neutral third person (provider) watching and listening during the visit. There are many reasons that a judge may require supervision.

How To Enforce A Custody And Visitation Order In California. If one parent has not been following the custody and visitation order from the court, you have several options. The first and easiest option is to contact your local police department and request that they enforce the order.

Standard 5.20 of the California Standards of Judicial Administration (Uniform Standards of Practice for Providers of Supervised Visitation) define supervised visitation as contact between a noncustodial party and one and more children in the presence of a neutral third person.

Interference with Custody or Visitation It is very important for parents to realize that once court orders are in effect, parents can't just take the law into their own hands and deny the other parent access to the child.

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California Motion for Supervised Visitations