Usually, New Jersey courts presume that a child is healthier and happier when both parents are involved. In practical terms, this translates into children spending equitable amounts of time with each parent. Sometimes, however, parents are awarded supervised visitation rights instead of standard visitation rights. Less common in New Jersey than standard, supervised visitation becomes key in many circumstances.
This blog discussed what supervised visitation is and when it may be needed. Please read on to inform yourself. If you are preparing for a divorce, you may want to avoid being awarded anything but standard visitation rights, or you may be worried about your ex and want to push for them to have supervised visitation. Whichever your situation is, remember that an experienced Mountainside child visitation attorney is ready and willing to guide you through the difficult path that divorce presents.
Supervised Visitation: Defined
The conditions where supervised visitation might be ordered are found in New Jersey Statutes 2A: 12-7. Supervised visitation is required when there is a history of child abuse, medical disabilities, psychiatric problems, or another circumstance that puts the safety and welfare of the child at risk.
Typically, the court will select an adult trained to supervise during this kind of visitation. The exes can also agree on a third party able to supervise, which could be a grandparent, relative, or family friend, among others. The designated supervisor must monitor visits to make sure that the child’s safety and well-being are never compromised.
Visitation may take place at several places: the courthouse, a community organization, or the custodial parent’s home. Where visitation occurs will depend on the specific circumstances of the case.
Visits should only be a few hours at a time. It is also possible that these visitation orders are only used temporarily if the parent demonstrates they’ve improved to the point they can be trusted with their child’s care again. For example, if the court denies a parent standard visitation rights because of drug use, the court may lift the supervised condition once the parent completes a rehabilitation program.
When Is It Awarded?
In New Jersey, as in most states, judges must think first and foremost about the child’s best interests when adjudicating divorce matters affecting the child. Supervised visits provide benefits but also drawbacks. Especially in cases of domestic abuse, the abused parent may want to implement distance between themselves, their child, and the abusive parent. However, each case is unique, and this type of visitation by its nature interrupts the parent-child bonding process.
Therefore, for a judge to award supervised visitation, one parent will need to prove that the other parent has harmed the child physically or emotionally or that they have a history of substance abuse. Evidence that the parent, for instance, is relaxed about homework assignments or gives the child more leeway when deciding bedtime does not rise to the level needed for supervised visitation.
