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Types of Visitation

What Are Supervised Visitation

What Are Supervised Visitation


When a parent thinks that their child is unsafe under their ex-spouse's care, they can petition the court to request that the non-custodial parent's visits be made into supervised child visitation instead of a normal visitation schedule. However, one parent mistrusting the other is not a good enough legal reason for the court to agree to have a court liaison supervise visitation. Contact a child visitation lawyer to consult your case.

There are many reasons why a parent may request supervised child visitation. Common ones include a history of domestic abuse or drug abuse. However, although it may be more likely for a court to agree to have a liaison supervise visitation if those circumstances exist, it must be proven that the non-custodial parent is a danger to the child if left unsupervised. 

A parent can start by making a list and gathering evidence relating to why they are requesting supervised child visitation for their ex-spouse. General dislike and hostility is not a good enough reason. In order for a family court to agree to supervise visitation, there must be stellar reasons behind the request. 

The custodial parent should examine the reasons that they are requesting supervised child visitation for their ex-spouse. They should consider if the circumstances they have listed really do put the children in harm's way. Filing a petition with a family court to request that they supervise visitation is the next step. One should be sure to have some evidence since the court will usually not consider hearsay to be good enough, unless it is coming from the child. 

Then there is a possibility that the courts will allow supervised child visitation based on word alone. After the court documents are filled out and filed with the family court a court date should be requested. Since the non-custodial parent has the right to know the situation and defend themselves in the custody hearing they must be officially notified. Having the ex-spouse served with the legal documents to request supervised child visitation is imperative. 

Supervised child visitation can work in a number of ways. Frequently, a neutral meeting area that has been approved by the court will be used. A court liaison will supervise visitation for a set amount of time, generally a hour. There are rules that must abide by during supervised child visitation. Many parents dislike the rules which sometimes involve limited physical contact and the inability to take photographs. If the custodial parent eventually decides that supervised child visitation is no longer necessary, they must file a motion through the court. One should never unofficially stop the supervised child visitation, as the custodial parent could get in legal trouble with the family court for doing so without permission.

Before requesting the courts to supervise visitation for their child, a custodial parent should ask themselves if they are doing so with good reason. Requesting supervised child visitation is not something that should be done lightly. If it's done for the wrong reasons, it is more likely to harm the child than the non-custodial parent.

What Are Fixed Visitation

What Are Fixed Visitation


Child visitation rights allow for many different types of visitation schedules to be set up. The best type of visitation schedule is usually made when parents can put aside their differences and make their own schedule. This will usually benefit themselves as well as their children. However, there are times when a couple's dislike of each other is too strong to be able to compromise or work out any arrangements of their own. When this happens, the courts will step in to make sure child visitation rights are followed and a reasonable visitation schedule is put in place. This is known as a fixed visitation schedule.

A fixed visitation schedule is one in which the court takes over and sets up a detailed schedule for the parents to abide by. Days, times and even places of the visits may be included in a fixed visitation schedule. The rigidness of a fixed visitation schedule can make it an undesirable situation for everyone involved. It is usually considered to be within a child's best interest to spend ample time with both parents. Since child visitation rights exist to protect the child and keep their best interests a number one priority, a judge will most likely try to create a schedule that allows for both parents to have an active role in their child's life. Contact a child visitation lawyer to review your case.

Fixed visitation is often used when the parents do not wish to deal with each other at all. Having the courts determine a fixed visitation schedule is sometimes used in order to allow the parents to keep their contact with each other to a minimum. If a fixed visitation schedule exists, than parents can simply follow the guidelines that have been set forth without worrying about contacting the spouse about any visitation issues with the children. 

A fixed visitation schedule is not always a bad thing. Child visitation rights usually demand that a fair schedule be made. Parents who cannot get along, would be much less likely to agree on a fair schedule if they were left to their own devices. Parents divorcing can make children feel scared and unhappy. If a routine is established between the parents, then children can have the opportunity to get used to a fixed visitation schedule, allowing for some predictability in their lives. There may also be a decent amount of conflict removed from a situation if the court decides on a fixed visitation schedule instead of leaving it up to the parents.

While child visitation rights were made to serve a child's best interest, parents should keep in mind that serving their child's best interest is their job as well. If the parents' hostility for each other has grown to the point where they need a fixed visitation schedule, they should try to at least be civil to each other for the sake of their children.