Idaho Motion for Supervised Visitations

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US-03343BG
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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.

Idaho Motion for Supervised Visitations is a legal process designed to establish or modify arrangements for child visitations in specific cases where the presence of a neutral third-party supervisor is deemed necessary for the safety and well-being of the child. These motions are typically filed by concerned parties, such as parents or legal guardians, who believe that unsupervised visits may pose a risk to the child's physical or emotional welfare. The Idaho family law recognizes the importance of maintaining a healthy parent-child relationship while ensuring the child's best interests are prioritized, especially in situations involving potential danger or unresolved conflicts. The motion for supervised visitations serves as a means to request the court's intervention and imposition of supervised visitation conditions. There are different types of Idaho Motions for Supervised Visitations that may be filed, each catering to distinct circumstances: 1. Original Motion for Supervised Visitation: This type of motion is typically filed at the onset of the custody or visitation dispute, where one parent seeks supervised visitation as a precautionary measure due to concerns about the other parent's behavior, substance abuse issues, history of domestic violence, or other relevant factors. The court evaluates the provided evidence and decides whether to grant or deny the motion. 2. Modification Motion for Supervised Visitation: This type of motion is pursued when a parent believes there has been a significant change in circumstances since the initial custody arrangement was established, which warrants a revision of the existing visitation order. Reasons for seeking modification may include a parent's failure to comply with court orders, a child's expressed fear or discomfort, or the appearance of new evidence suggesting potential harm to the child. 3. Emergency Motion for Supervised Visitation: In urgent situations where there is an immediate risk to the child's safety or welfare, an emergency motion may be filed. This type of motion is filed to seek immediate court intervention, bypassing the typical procedural timeline, and prioritizing the well-being of the child. When filing an Idaho Motion for Supervised Visitation, relevant keywords to consider may include "child visitation rights," "supervised visitation request," "child custody dispute," "best interests of the child," "domestic violence history," "substance abuse concerns," "child safety," "parental rights," "court intervention," "modification of visitation order," and "emergency custody." It is crucial to consult with a qualified family law attorney familiar with Idaho's specific regulations and procedures to ensure the motion is effectively prepared and presented in court.

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FAQ

A party may file a request for trial setting if the court fails to set a scheduling conference within 28 days of the Answer or Reply. After a request for trial setting is filed, the court must set a scheduling conference within 14 days. (e) Status or Pretrial Conference.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

Before then, there is no specific age by law when they can start making that type of decision for themselves. They can be interviewed so that they can state their reasoning and preference to a judge, who will ultimately make the final decision.

Idaho Rules of Family Law Procedure Rule 402. Additional Discovery. (3) a party may not request information or documents in discovery that were previously disclosed pursuant to mandatory disclosures under Rule 401.

Idaho Rules of Family Law Procedure Rule 502. Evidence on Motions. (a) When a motion is based on facts not appearing of record the court may hear the matter on affidavits or may hear it wholly or partly on oral testimony or on depositions. (b) Hearing on a Motion for Temporary Order.

Idaho Rules of Evidence Rule 402. General Admissibility of Relevant Evidence. Relevant evidence is admissible unless these rules, or other rules applicable in the courts of this state, provide otherwise. Irrelevant evidence is not admissible.

The provider must be present at all times during the visit, listen to what is being said, and pay close attention to the child's behavior. If necessary, the provider may interrupt or end a visit. For more information visit the Supervised Visitation Network.

Rule 816 - Enforcement of Parenting Time (a)Commencement. A party seeking to enforce court ordered parenting time will file a verified petition alleging denial or interference with parenting time.

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Idaho Motion for Supervised Visitations