Santa Rosa supervised visitation attorney blog. According to California law, parents should have frequent and continuous contact with their minor children during the separation process and after their divorce is finalized. However, the law also provides that the court should make decisions regarding visitation and custody, based on what is in the best interest of the child. One factor that is considered when determining the best interest of the child is their safety and well-being. Accordingly, the court must order visitation and/ or custody arrangements that protect the child’s safety and well-being.
In some circumstances, the court may order supervised visitation to protect the child’s safety and well-being while preserving the parent-child bond. One example of a situation in which this may occur is when allegations of domestic violence exist against one or both of the child’s parents. In such a situation, the parent who was a victim of domestic violence may request a restraining order against their spouse or former spouse. If granted the restraining order limits contact between the individual who is charged with domestic violence and their spouse or former spouse, and in some situations, their child as well.
Supervised visitation may be overseen by a professional or nonprofessional.
Supervised visitation means that the parent can spend time with their child, but only in the presence of a neutral third party. Depending on the court’s order, the individual who is selected to supervise the visitation may be a professional provider of visitation services who is trained to perform this task and paid for their time or a non-professional such as, a friend or relative. In either event, the individual who is selected to supervise the visitation must satisfy specific criteria. These requirements include:
· Being over the age of 21;
· Not having a criminal record; and
· Not having a conflict of interest such as, financial dependence on one parent.
In addition, California recently enacted a law which requires professional providers of visitation services to complete a training provided by the California Administrative Office of the Courts.
Supervised visitation that is overseen by a non-professional is generally less formal in nature. The visitations may take place at any location as long as it is safe and secure, including someone’s house or a local park. However, when a court orders supervised visitation that is overseen by a professional, the visitation may have to follow more formal guidelines. For example, the visits may have to take place at an established visitation center and the supervisor may have to report back to the court regarding the parent-child interactions they observed.
Santa Rosa Supervised Visitation Attorney
If you or your spouse are considering filing for divorce, you should contact an attorney immediately.
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