Louisiana 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

Nonparent visitation can typically get established through the court system. The nonparent seeking visitation rights would need to file a petition with the appropriate court and provide evidence supporting their request for visitation.

At a custody trial, the Court will hear evidence on the issue of what is in the best interest of the child and ultimately make a custody determination. At the hearing, the court will consider a variety of factors, such as the child's age, health, and relationship with each parent.

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Neglect of the child's welfare highly indicates that the mother may not have the capacity to raise the child in the best manner. Failure or inconsistency in providing basic needs and necessities like food, shelter, clothing, education, and healthcare are substantial grounds for losing custody.

Some factors that a court may use to determine a person's fitness as a parent include: A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns.

Louisiana courts don't have a specific age when they must consider a child's preference. Each judge must determine, on a case-by-case basis, whether a child is mature enough to have a meaningful opinion.

The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things.

(7) "Supervised visitation" means face-to-face contact between a parent and a child which occurs in the immediate presence of a supervising person approved by the court under conditions which prevent any physical abuse, threats, intimidation, abduction, or humiliation of either the abused parent or the child.

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Louisiana Motion for Supervised Visitations