New York Motion for Supervised Visitations

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Multi-State
Control #:
US-03343BG
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

Who can get visitation in New York? Either parent, siblings and half-siblings, and grandparents can ask for visitation. The court will determine whether visitation is in the child's best interest. A parent is entitled to frequent and meaningful visitation, unless it is shown that it would be harmful to the child.

Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated. A custodial parent can face legal consequences for preventing visits between a child and the noncustodial parent. A child who refuses visitation puts a parent in a perilous situation.

As such, a family court in New York will grant visitation rights to grandparents who have an already established relationship and/or have been denied access to their grandchild only if it is deemed by the court to be in the child's best interests.

Supervised visitation means the parent may not be alone with his or her child. The presence of the supervisor will hopefully prevent abuse or neglect of the child. In some cases, the court will order therapeutic supervised visitation.

If the court decides visitation, it will create a visitation schedule based on the best interest of the child. Typically, a child of school age usually will have visits with a non-custodial parent every other weekend. Based on the age of the child and other factors, these visits may or may not be overnight visits.

Courts want the child to have a strong relationship with each parent if the parents are not together. However, if visitation would harm the child, the court can deny child visitation rights. For example, if a parent is abusive or neglectful towards the child or is abusing drugs, visitation rights may be denied.

Visitation is also called ?parenting time.? When one parent has sole custody of a child, the court will let the parent who doesn't have custody visit with the child unless there is a reason not to allow visitation. Custody and visitation are two separate issues, but they are usually decided during the same hearing.

Whether a child likes it or not, for the most part, compliance with court orders isn't optional. Minor children involved in a divorce in New York will be required to comply with the visitation orders of the courts, though children may resist at first.

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New York Motion for Supervised Visitations