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.
Delaware Motion for Supervised Visitations: Explained, Types, and How to File Introduction: A Delaware Motion for Supervised Visitations is a legal request submitted by a parent or guardian seeking court intervention to ensure that child visitations with the other parent are supervised. This motion is typically filed to protect the child's well-being and safety during visitation arrangements. This article aims to provide an in-depth understanding of Delaware's Motion for Supervised Visitations, its different types, and the process of filing such a motion. Key Terms: 1. Delaware: Refers to the state of Delaware, located in the Mid-Atlantic region of the United States. 2. Motion: A formal request made to the court, urging the judge to take specific action. 3. Supervised Visitation: A court-ordered arrangement where children spend time with a parent or guardian under the supervision of a designated person or agency. Types of Delaware Motion for Supervised Visitations: 1. Temporary Supervised Visitation: This type of motion is filed when immediate intervention is required due to concerns about the child's welfare during regular visitations. It seeks to establish temporary supervision until a final decision is made. 2. Modified Supervised Visitation: This motion is filed to alter an existing visitation order where supervision may be required due to changing circumstances or new evidence indicating potential risks to the child. 3. Emergency Supervised Visitation: In urgent cases where there are immediate concerns of harm to the child, this motion is filed to request immediate supervised visitation without delay, aiming to protect the child's well-being. Important Steps to File a Delaware Motion for Supervised Visitations: 1. Consult an Attorney: Seek legal advice from a qualified family law attorney who is familiar with Delaware's laws regarding supervised visitations. 2. Gather Evidence: Collect any evidence or documentation supporting the necessity of supervised visitations, such as police reports, medical records, or witness testimonies. 3. Complete Motion Form: Obtain and fill out the appropriate Delaware Motion for Supervised Visitations form, providing accurate details about the child, parents, and reasons for seeking supervised visitations. 4. Submit the Motion: File the completed motion form at the clerk's office within the appropriate Delaware family court, paying any required fees. 5. Serve the Other Parent: Serve the other parent with the filed motion and related documents, following Delaware's legal service procedures. 6. Attend the Hearing: Attend the scheduled court hearing to present evidence and arguments in support of the motion. Both parties will have the opportunity to present their side, and the judge will make a decision based on the best interests of the child. 7. Follow Court Orders: If the motion is granted, ensure compliance with the court's visitation supervision orders, coordinating with the designated supervisor, agency, or entity. Conclusion: Delaware's Motion for Supervised Visitations is an important legal tool for protecting children during visitation arrangements. By filing such a motion, concerned parents or guardians can seek court intervention to ensure the child's well-being and safety while spending time with the other parent. Understanding the various types of motions available and following the proper legal procedures is crucial in obtaining a favorable outcome that prioritizes the child's best interests. Consult with a qualified attorney for specific guidance tailored to your circumstances when seeking supervised visitation in Delaware.
