North Carolina 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

If two parents cannot agree, the non-custodial parent may file a visitation complaint with the court to request increased visitation time. In some North Carolina districts, the court requires mandatory mediation for parents before the court decides on visitation issues.

In North Carolina, there is no set age as to when the court will take into consideration the wishes of the child.

Common schedules Alternating weeks schedule: Your child spends one week with you and the next week with the other parent. This is a 50/50 schedule, meaning each parent has the child 50 percent of the time. 2-2-3 schedule: Your child spends two days with you, two days with the other parent and then three days with you.

In either situation, you need to speak to a family law attorney about your options. You may be able to take legal action to enforce the visitation schedule. Before you go to court, hire a local child custody lawyer. Divorce lawyers and family law lawyers often handle child custody matters.

Often, this will take the form of supervised visitation. ?Supervised? means that a family member will need to be present during the entire visitation session with the noncustodial parent. Alternatively, if a family member is not available, an agency representative can attend the supervised visits.

Both legal parents have equal rights to the child if there is no custody order. ?Legal parents? are people officially recognized as parents on the child's birth certificate, a court order such as a child support or adoption order, or an affidavit of parentage.

Common schedules Keep in mind that North Carolina courts prefer both parents to share significant time with their child, assuming it meets the child's best interests. Alternating weeks schedule: Your child spends one week with you and the next week with the other parent.

Parents who do not have physical custody have the right to visitation, and the courts can order a visitation schedule that is reasonable. The other parent is required to adhere to this schedule, and allow liberal access for the other parent.

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North Carolina Motion for Supervised Visitations