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.

Definition and meaning

A Motion for Supervised Visitations is a legal document filed in family court that requests the court to allow parental visitations under the supervision of another individual. This motion is typically initiated by a parent who has concerns about the safety and well-being of their child during unmonitored visitations with the other parent or a guardian. The motion lays out the reasons for requiring supervision during visits, which may include past incidents of abuse, neglect, or other risks to the child.

How to complete a form

To complete a Motion for Supervised Visitations, follow these steps:

  1. Begin by filling in the names of the parties involved: the petitioner and respondent.
  2. Provide the case number as issued by the court.
  3. Clearly state your request for supervised visitation and outline your reasons in a concise manner, referencing any necessary supporting documents.
  4. Attach any affidavits or evidence that support your claims regarding the need for supervision.
  5. Sign and date the document at the bottom, ensuring it's filed with the appropriate court.

Who should use this form

This form is intended for individuals, typically parents, who have legitimate concerns about the safety of their child during visitations with the other parent or guardian. It is particularly relevant for cases involving past abuse or substance misuse, where there is a need to ensure a child’s safe environment during interactions with the other parent.

Legal use and context

The Motion for Supervised Visitations is utilized within family law cases where one party seeks to modify existing visitation orders due to concerns about the child's safety. Courts generally aim to prioritize the child's welfare when determining visitation rights. Understanding the legal context within your state's family law system is crucial, as specific procedures and requirements may vary significantly.

Key components of the form

The key components of a Motion for Supervised Visitations include:

  • The names and contact information of both parties.
  • The case number and court information.
  • A detailed description of the grounds for seeking supervised visits.
  • Any attached affidavits or evidence that support your claims.
  • Signature of the petitioner and their attorney, if applicable.

Common mistakes to avoid when using this form

When filing a Motion for Supervised Visitations, it's important to avoid these common mistakes:

  • Failing to provide adequate evidence to support your claims.
  • Neglecting to include all necessary parties in the motion.
  • Not filing the motion within the appropriate legal timeframe.
  • Leaving sections blank or providing incomplete information.

What documents you may need alongside this one

When filing a Motion for Supervised Visitations, you may need to submit additional documents, including:

  • Any existing court orders related to custody or visitation.
  • Affidavits from witnesses who can attest to the need for supervision.
  • Police reports or medical records that detail incidents of abuse or neglect.
  • Psychological evaluations, if relevant.
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FAQ

NOTE: To Party responding to a Motion to Modify Parenting Time: If you disagree with this Motion, Colorado Rules of Civil Procedure allow you to file a written response with the Court that must be filed within 21 days of the date this Motion was served on you or mailed to you.

Supervised visitation is when a parent is only allowed to visit with his or her child in specific, restricted circumstances. This visit will be under the supervision of a social worker, family member, or in a public setting.

Ask the court for a motion date. Identify and fill out your motion forms. Serve and file your motion forms. Confirm that you will attend the motion. Go to your motion hearing. Receive the judge's decision.

Name Use a separate sheet to explain in detail what you have agreed on and attach. Include all necessary facts. Use a separate sheet to explain why it is in the best interests of the child(ren) and attach. NOTE: If you are the person receiving this motion, you may file a response.

Read the court order. Arrive and depart on time. Avoid discussing the court case or terms of the visit with your children. Avoid quizzing your children about the other parent's activities and relationships. Avoid making your children messengers to the other parent.

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

The purpose of supervised visitation is to protect the child or children involved.Examples of situations in which a court may order supervised visitation are cases where a parent has struggled with addiction or domestic violence issues or is unable to provide a safe living environment for the child.

While you cannot get his visitation revoked for not exercising it, you might consider a motion to modify child support. Since your award is based on the percentage of time you have your children, you may be entitled to a greater award if you indeed have then 100% of the time.

Make a Parenting Schedule Right Away. Be Reasonable When Establishing a Custody and Parenting Arrangement. Clarify Your Concerns Regarding Custody. Respect the Needs of Your Children. Consider What Your Children Want. Think About Your Support Network. Use One Form of Communication with Your Ex.

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Motion for Supervised Visitations