Utah Motion for Supervised Visitations

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Multi-State
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US-03343BG
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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.

Utah Motion for Supervised Visitations is a legal process that allows a party involved in a child custody dispute in Utah to request supervised visitation rights. This motion is typically filed by a concerned parent or guardian who believes that it is necessary to have a third-party present during visitations to ensure the safety and well-being of the child. In cases where a Utah court deems that unsupervised visitation may pose a risk to the child's physical or emotional welfare, granting supervised visitation can be a crucial step towards maintaining a healthy parent-child relationship while safeguarding the child's best interests. The presence of a neutral third-party, often a trained supervisor, helps create a secure and controlled environment during visitations. Various circumstances may warrant the filing of a Utah Motion for Supervised Visitations, including instances of substance abuse, domestic violence, child neglect, or concerns about a parent's mental health. The court carefully evaluates these situations before determining whether supervised visitation is necessary and outlines the specific conditions and rules that must be followed during visitations. There are several types of supervised visitation options available in Utah, including: 1. Professional Supervision: In cases where there are serious concerns about the safety and well-being of the child, the court may opt for professional supervision. This type of supervision involves a qualified third-party, such as a social worker, therapist, or other professionals who have been trained to ensure the child's safety during visitations. 2. Family or Friend Supervision: If the court believes that a family member or a trusted friend can provide appropriate supervision, they may grant family or friend supervised visitation. This type of supervision allows the child to visit with the non-custodial parent under the watchful eye of a person trusted by both parties. 3. Supervised Visitation Center: In some cases, Utah courts may order supervised visitation to occur at a specialized facility known as a supervised visitation center. These centers offer a neutral and child-friendly environment in which professionally trained staff or volunteers supervise visitation sessions. Their primary goal is to ensure a safe and comfortable atmosphere for both the child and the parent during the interaction. It is important to note that the specific requirements and conditions for a Utah Motion for Supervised Visitations may vary depending on the unique circumstances of each case. Working closely with an experienced family law attorney can greatly assist in understanding the legal requirements, preparing the necessary documentation, and presenting a compelling case for supervised visitation.

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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