Missouri Motion for Visitation at a Supervised Visitation Center

State:
Multi-State
Control #:
US-03344BG
Format:
Word; 
Rich Text
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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

Missouri aims to consider what is best for the child's interests when deciding on child custody matters. In Missouri, a child cannot decide which parent they want to live with until they are 18 years of age.

The law considers an 18-year-old to be an adult. [Missouri Revised Statutes - Title - §431.055] Any child younger than that is a minor, and technically can't refuse to visit with a parent. However, if brought to the court's attention, a judge can determine whether there's a legitimate basis for the child's request.

If the question is ?when can a child legally refuse visitation??, the short answer is ?never.? Missouri law does not provide a procedure for a child to decline parenting time. That said, situations may occur when it would not be in a child's best interests to have visitation with a parent.

The Guardians' Right to Restrict Visitation/Contact with Adults. If there is a guardian over an adult, the guardian does have the ability to restrict other people's contact with the protected person in limited circumstances.

Court order is required for supervised visitation. Visits are limited to a weekly one hour visit, unless stated otherwise in court order. Two hours weekly is the maximum amount of time allowed for visitations.

The judge will make a decision about custody based on what s/he thinks is in your child's best interest. Under Missouri law, the judge must assume that it is in a child's best interest to have equal parenting time with both parents. However, one or both parents can present evidence to change the judge's mind.

The family access motion is a process to enforce an existing order for ?access? (visitation/parenting time) with a child that has a specific schedule of time with the child. An administrative order for child support does not address custody or visitation/parenting time provisions that qualify for an existing order.

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Missouri Motion for Visitation at a Supervised Visitation Center