Delaware Motion for Visitation at a Supervised Visitation Center

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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.

Delaware Motion for Visitation at a Supervised Visitation Center: A Delaware Motion for Visitation at a Supervised Visitation Center is a legal document filed by a parent seeking to establish or modify their visitation rights with their child in cases where supervised visitation is deemed necessary by the court. This motion is specifically applicable to Delaware jurisdiction and aims to ensure the safety and well-being of the child during visitation periods. Supervised visitation centers are neutral and secure locations where parents can spend time with their children under the supervision of trained professionals. These centers are generally utilized in cases where there are concerns about the child's safety, emotional well-being, or potential conflict between the parents. The use of supervised visitation centers allows parents to maintain a relationship with their child while ensuring that the child's best interests are protected. The Delaware Motion for Visitation at a Supervised Visitation Center must contain specific details regarding the circumstances justifying the need for supervised visitation. This may include evidence of past domestic violence, substance abuse issues, parental alienation, mental health concerns, or any other factors that may pose a risk to the child's safety or well-being. The motion should also outline the desired visitation schedule and any specific conditions or restrictions that the requesting parent believes are necessary for the visitation to be successful. In Delaware, there are various types of motions that can be filed related to supervised visitation. These may include: 1. Motion for Initial Supervised Visitation: This motion is filed when a parent seeks to establish supervised visitation for the first time. 2. Motion for Modification of Supervised Visitation: This motion is filed when a parent wants to modify an existing visitation order to include or change the terms of supervised visitation. This may be necessary due to changes in circumstances or new evidence that supports the need for supervision. 3. Motion for Termination of Supervised Visitation: This motion is filed when a parent believes that the need for supervised visitation is no longer necessary, and it is in the child's best interests to have unsupervised visitation. In all types of Delaware Motions for Visitation at a Supervised Visitation Center, it is essential to include supporting evidence, such as police reports, medical records, witness statements, or evaluations from professionals, to strengthen the motion's chances of success. The court will review the motion and determine whether supervised visitation is appropriate based on the evidence presented and the child's best interests. Overall, a Delaware Motion for Visitation at a Supervised Visitation Center is a significant step for parents seeking to establish or modify their visitation rights while prioritizing the safety and well-being of their child.

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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.

More info

Required Forms for Visitation Modification · Petition to Modify Parental Visitation (Form 351) · Custody Separate Statement (Form 346) · Information Sheet (Form ... ... file a motion requesting Court-ordered counseling. It is ... The wishes of the child's parent or parents as to his or her custody and residential arrangements; ...A party seeking Custody, Partial Custody and/or Visitation will need to file a Complaint including a proposed Order. A party will need to file an original and ... If your child's other parent isn't complying with custody or visitation orders, you may file a motion (written legal request) seeking the court's intervention. After you open a custody or paternity case, the next step is to make sure the other parent is “served” with the papers. It is up to you to make sure that ... Be present at all times during the visit · Listen to what is being said · Pay close attention to the child's behavior · Report any suspected child abuse · Feel ... Sep 1, 2021 — A visitation petition can be filed as a separate case. The court will order visitation if it is in the best interest of the child. Who Can File ... Under the. UCCJA's extended home State rule, a left- behind parent could petition for custody in the child's home State even after an abduction. The UCCJA also ... Jan 31, 2023 — If mediation is bypassed, each party must complete and exchange with the opposing party or attorney a Custody, Visitation, and Guardianship ... Sep 1, 2021 — A visitation petition can be filed as a separate case. The court will order visitation if it is in the best interest of the child. Who Can File ...

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Delaware Motion for Visitation at a Supervised Visitation Center