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.
Title: Understanding the South Dakota Motion for Supervised Visitations Introduction: The South Dakota Motion for Supervised Visitations is a legal procedure allowing concerned parties to request and establish supervised visitation arrangements for the well-being and safety of a child involved in a custody case. This article aims to provide a comprehensive overview of this legal process, its purposes, and the different types of motions associated with supervised visitations in South Dakota. 1. What is a Motion for Supervised Visitations in South Dakota? A Motion for Supervised Visitation in South Dakota is a formal request made to the court to establish supervised visitation arrangements for a parent or guardian who may pose a risk or danger to the child during unsupervised contact. The purpose of such a motion is to ensure the child's safety while maintaining a connection with the noncustodial parent or guardian. 2. Types of South Dakota Motions for Supervised Visitations: a. Emergency Motion for Supervised Visitation: This type of motion is typically filed when there is an immediate concern for the child's safety due to issues such as domestic violence, substance abuse, or neglect. Emergency motions expedite the process of establishing supervised visitation to protect the child from potential harm. b. Modification Motion for Supervised Visitation: A modification motion for supervised visitation is filed when there is a significant change in circumstances after a custody or visitation order has been established. This type of motion seeks a revision of the existing visitation arrangement to include supervision, often due to new concerns regarding the child's well-being. c. Original Motion for Supervised Visitation: This motion is filed when the initial custody arrangements are being determined, and one party seeks supervised visitation due to concerns about the child's safety or well-being during unsupervised contact. An original motion aims to establish supervised visitation from the beginning of the custody case. 3. Criteria and Considerations: When reviewing a motion for supervised visitation in South Dakota, the court considers various factors, including: — Evidence of any history of abuse, neglect, or endangerment towards the child. — Documentation of substance abuse issues or untreated mental health conditions. — Concerns related to a parent or guardian's ability to provide a safe environment for the child. — Recommendations from child welfare agencies, mental health professionals, or other relevant experts. 4. Legal Process and Court Hearings: Once a motion for supervised visitation is filed, the court will schedule a hearing to evaluate the circumstances and determine the necessity of supervised visitation. Both parties will present their arguments and provide evidence supporting their claims. The judge will make a decision based on the best interests of the child and the presented information. Conclusion: Understanding the South Dakota Motion for Supervised Visitations is crucial for individuals involved in child custody disputes. Whether it's an emergency situation, a modification request, or an original motion, the goal is to ensure the child's safety and well-being while maintaining vital connections with their noncustodial parent or guardian. By navigating this legal process appropriately and presenting compelling evidence, concerned parties can seek supervised visitation to safeguard the child's best interests.
