Delaware Motion for Visitation at a Supervised Visitation Center

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Multi-State
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US-03344BG
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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

In Delaware there are two main classes of custody: legal custody and physical custody. With each type, parents may share joint custody, or one parent may have sole custody.

The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.

Statistics show that women win child custody rights a staggering 90% of the time , even though fathers play an important role in their children's lives pre and post-divorce.

Under Delaware law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her.

If you feel that your child is at risk of immediate and irreparable harm, Delaware Family Court can grant emergency custody to a parent under emergency circumstances by filing a Motion and Affidavit for Emergency Ex Parte (without notice to the other party) Order or a Motion for Interim (Temporary) Relief or a ...

If a parent desires to have a specific contact schedule with the child, a Petition for Visitation (form #350) may be filed. When a Petition for Visitation (form #350) is filed in Family Court, a Preliminary Injunction is served immediately on the petitioner and on the respondent with service of the petition.

Grandparents' Rights Under Federal Law Essentially, parents have a fundamental right to decide who their child spends time with, but if the court believes spending time with the grandparent(s) is in the child's best interest, they may issue a court order.

If a parent is going to move from this state with the child, that parent must tell the other parent as soon as he or she knows they are moving. If the moving parent does not tell the other parent, he or she may be considered to be interfering with the other parent's right to visitation and contact with the child.

Visitation Rights of Grandparents In Delaware, a grandparent may be able to petition a court for visitation with their grandchild. You may be able to seek visitation if it is in the best interest of the child and: The parent has died. One of the child's parents consents to visitation.

In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.

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Delaware Motion for Visitation at a Supervised Visitation Center