Supervised Visitation in New York Custody Cases

Custody and visitation agreements can be a tense part of any divorce proceeding. This may be especially true if you have concerns regarding your child’s safety with the other parent. Supervised visitation may be a middle ground of ensuring your child maintains a relationship with the other parent while making sure they are safely doing so. If you have concerns about visitation, you can speak with our New York City child custody lawyer with the Law Office of Vivien F. Stark P.C.

Visitation in a New York Custody Case

There are two types of visitation in New York Custody cases: supervised and unsupervised visitation. The New York Courts explain that supervised visitation offers two levels of supervision. The judge may also order a monitored exchange in situations that present a concern of domestic violence or other volatility due to a high conflict dynamic during exchanges. This added layer of supervision can help ensure the child is not further traumatized by conflict or violence between parents.

Standard Supervision

A general supervised visit occurs when a third party is present during a visit between a parent and child. This can be someone from an agency or someone agreed upon by the parents. In some instances, the supervisor may provide notes from the visits.

Therapeutic Supervised Visit

This is a supervised visit overseen by a mental health professional. During the visit, this may include coaching or other support to develop parenting skills. The presence of a mental health professional can also provide additional monitoring of the child’s emotional state while with the other parent. The topics of education may relate to age-appropriate engagement with the child, appropriate discipline techniques, or other areas of concern.

Why Would Supervised Visitation Be Necessary?

New York strives to continue contact with both parents when at all possible. This is true in cases involving the Department of Children’s Services, foster care, and private custody. However, there are times when valid safety concerns may present, at which time the judge will act in the best interest of the child. Sometimes, this may mean that one parent does not receive visitation or custody, and sometimes, this means visitations still happen but under careful supervision. Some of the situations in which a judge deems this necessary can include:

• Risk to the child
• Concern over parental alienation
• Concern about parental abduction
• Mental illness in a parent
• Visitation after a long separation
• Domestic violence

How Long Will Visits Be Supervised

The duration of supervised visitation is dependent on various factors, but ultimately, supervision may be removed when the courts are assured of the safety and well-being of the child. This will often be determined based on positive reports from the supervisor and progress on the situation causing the safety concern. For example, if the concern is substance use or mental illness, supervision may be removed after a time of positive visits and the approval or recommendation of the parent’s therapists. All cases and needs are different, but if you are involved in a case with supervised visitation and have concerns, you may benefit from speaking with a child custody lawyer.