When Is Supervised Visitation or Parenting Time Necessary?

Pierre Domercq Child Custody and Visitation

Child custody and parenting time issues can represent the most contentious areas of many North County and Carlsbad divorce cases. California law establishes the need for a child to regularly spend quality time with each parent following a divorce. What happens when it is unsafe or not in a child’s best interest to be left alone with a parent?
The Court may order “supervised visitation” in these cases. During supervised visitation periods the parent’s time with the child must be supervised by a third party. These orders will often include the specific time and location of supervised visits as well as the duration of the visit.
The supervision can be conducted by qualified professionals, family or friends of whom the court approves as well as mental health professionals. In some cases supervision may involve video monitoring, telephone monitoring or some other manner of supervision.
There are specific circumstances where a court may elect to order supervised visitation including, but not limited to:
The presence of domestic violence, physical or mental abuse or neglect
Drug and alcohol abuse
A threat of abduction or relocation out of the area, state or country
When either a parent or a household member of the location to be visited is a registered sex offender
Mental illness
Specific violent criminal convictions
Reintroduction – a parent who has been absent for a long time is becoming reaquainted with a child
In these cases the Court has found evidence a child’s safety may be in question, and supervised visitation or parenting time is necessary to safeguard the child from present or future harm.
One should be cautious when making accusations against a former spouse. False accusations of sex abuse or domestic violence in order to gain an advantage or prevent the other party from visitation and parenting time can backfire, resulting in supervised visitation orders for the parent making false accusations.
The experienced attorneys at Burke & Domercq have decades of experience in divorce and child custody cases here in North County. If you are concerned about child custody, have been falsely accused of domestic violence or sexual abuse and need experienced effective representation in your divorce case we invite you to review the recommendations of our clients and contact us or call 760-712-3741 to schedule an appointment with one of our attorneys.