New York Motion for Visitation at a Supervised Visitation Center

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Multi-State
Control #:
US-03344BG
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Word; 
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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

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.

In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.

A public playground is a perfect location for the first meet-up in a long time especially with young children. In a somewhat familiar environment (we all have been to a playground and sort of know what to do there) the visiting parent and the child can re-connect and talk and play together.

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.

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.

How To Prove Your Child's Other Parent Isn't Fit Past criminal records. Medical records documenting physical or sexual abuse. Testimony from your child's teachers or counselors. Photograph or video evidence of abuse or neglect. Police reports of abuse. Emails and text messages that show evidence of abuse or neglect.

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.

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New York Motion for Visitation at a Supervised Visitation Center