| Supervised/Restricted Visitation |
| In a divorce proceeding, it there has been a child or children of the marriage, the court awards custody of the child or children to one of the parents. However, the rights of the parent to have custody of a child or children doe snot deprive the other party to visit the children, unless there has been an express provision to the contrary. In conjunction with any award of custody, the court must also determine how visitation by the non-custodial parent will take place.|
Generally, the parent non granted custody is entitled to reasonable visitation rights, unless the court finds that visitation by the parent might endanger the child's physical health or significantly impair his/her emotional development.
There are occasions when the court will restrict visitation, or require that visitation be supervised. These determinations are made by the court, and the court has a wide range of discretion in making these decision. These types of decisions are made on a case-by-case basis, and the particular issues involved in each of these situations will be reviewed closely by the court.
On occasion, the court will find that it is in the best interest of the child for visitation to be supervised or restricted. This determination is usually made in response to one. In making its determination, the court will look at various factors. First of all, the court will determine if unsupervised or unrestricted visitation could endanger the child's physical, mental, moral, or emotional health. The court will also look at other factors including why one of the individuals requested the visitation to custodial parent, the age of the child or children, the interaction of the child or children with the non-custodial parent, the wishes of the child or children, the wishes of the parents, the mental and physical health of all individuals involved, as well as various other factors.
If the visitation is not supervised or restricted according the court's order, one of the parties may bring the matter to the court, where the order can be enforces, or perhaps modified in some situations.