Utah 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

Supervised access is where one or both parents have their visitation with their child supervised by another; this could be by a person known to them, or an independent supervisor provided through a service such as Children's Contacts Services.

Additionally, the court can consider the children's desires. However, their desires are not controlling. The court gives added weight to the desires of children who are at least 14 years old, but this is still only one factor. The judge does not give either parent a preference due to the parent's gender.

Supervision is necessary when the child would be subject to physical or emotional harm or child abuse, as described in Utah Code Section 76-5-109. Who Supervises? A court that orders supervised visitation must give preference to persons suggested by the parties to supervise, including relatives.

To underscore the right of a parent to unsupervised time with his or her child, Section 34.5 states supervised parent-time is available only when ?necessary to protect a child and no less restrictive means is reasonably available.? On top of this, courts must find ?evidence that the child would be subject to physical ...

Utah's new child custody law, which went into effect on , is called the "Equal Parent-Time Schedule." This law allows parents to share equal physical custody of their children unless there is a reason why this would not be in the children's best interests.

A custody and parent time order can include arrangements for when a parent relocates. If an order does not include arrangements for when a parent relocates, Utah law has a process that either parent can request when one of the parents plans to move 150 miles or more from the residence of the other parent.

Under Utah law, supervision should be ordered when there is evidence that the child has been subject to physical or emotional harm or child abuse. Many parents who were ordered supervised visitation feel as though their fundamental right under the U.S. constitution is being violated.

The supervisor must be present at all times during visitation and supervision begins the moment the child arrives. The supervisor has the authority to end the visit. 2. All contact between child(ren) and the supervised parent shall take place within the supervisor's hearing and sight.

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Utah Motion for Supervised Visitations