In a Nevada child custody case or a proceeding to modify a custody and visitation order, a judge may order supervised visitation for a noncustodial parent. This type of visitation occurs in a controlled environment chosen by the court. A judge grants supervised visitation only when it is in the best interests of the child and necessary to protect the child.
When a court orders supervised visitation for a parent, the visitation occurs at a facility designated by the court. These special facilities have safe environments where a parent can be with the child without any risk to the child’s safety or well-being.
The visitation is solely for the purpose of giving the visiting parent an opportunity to bond with the child. The parent delivering a child and the visiting parent do not see each other at the facility. The visit is not an opportunity for the parents to discuss custody or visitation issues or other matters, such as issues relating to raising the child.
During a supervised visitation, a parent must follow specific rules. The visiting parent engages in activities with the child, which may be provided by the facility or the visiting parent. The parent may not discuss ongoing court proceedings, make negative comments about the other parent, or talk about other inappropriate subjects.
Monitors neutrally observe the visit between the parent and child. A monitor can intervene if interactions become inappropriate. Facility monitors submit reports to the court concerning the nature of each visitation.
A parent’s conduct during supervised visitation may play a role in future custody and visitation proceedings, either positively or negatively. If a visiting parent cancels repeatedly or simply does not appear at a scheduled visitation, it can reflect adversely on the parent’s interest in maintaining a relationship with the child and affect the parent’s rights in the future.
In court proceedings relating to child custody and visitation, the judge’s most important consideration is always the best interests of the child. Consequently, visitation terms must ensure that the child stays safe from harm during visits with the noncustodial parent.
If the circumstances of visitation with a noncustodial parent pose a risk of physical or emotional abuse or neglect or place the child in the presence of illegal or dangerous activity, a judge may determine that supervised visitation is necessary. The risk to the child must be demonstrated by factual evidence presented in court.
Speculation, unfounded suspicions, and rumors are insufficient to justify court-ordered supervised visitation. Evidence may take the form of factual documentation like arrest records, a history of drug or alcohol abuse, or reported incidents of domestic violence, abuse, or neglect. Clear indications that a noncustodial parent may attempt to kidnap, abduct, or move a child to another jurisdiction also may support an order for supervised visitation.
Disagreements between parents over child-rearing issues are insufficient to support a court order for supervised visitation, unless those disputes can affect the child’s well-being or health. In all situations, the court looks for clear factual evidence that supervised visitation is necessary to protect the child.
If you are a parent who thinks supervised visitation is necessary to protect your child, or you are a noncustodial parent facing the possibility of court-ordered supervised visitation, representation by an experienced custody and visitation lawyer is absolutely essential. Court proceedings involving children are among the most difficult and emotional court actions to navigate. With a skilled attorney by your side, your chances of getting a favorable resolution increase substantially.
Evidence introduced in a visitation proceeding must be factual and comply with the formal rules of evidence. Baseless allegations, fears, and unfounded claims will not sway a court. Parties in visitation cases sometimes make false claims thinking will help their case. In fact, false testimony can have the opposite effect in court and can be detrimental to a case.
Your lawyer compiles a case built on the factual evidence supporting your position and presents the evidence to the court. If the other parent makes false assertions, your attorney disputes the false statements to disprove them. The judge decides a case based on the facts, not based on derogatory comments or a parent’s desire for revenge. Having a lawyer represent you ensures that the judge receives the information necessary to make a decision that protects your child during ordered visitation.
At The Gersten Law Firm, we assist clients with all matters relating to child custody and visitation, including situations involving supervised visitation issues. Your first consultation at The Gersten Law Firm is free of charge and without obligation..
Las Vegas family law attorney Joseph Gersten understands the sensitivity and emotional aspects of child custody and visitation for parents. He approaches every family law case with compassion and understanding, as well as fervent dedication to protecting the interests and rights of the client. His litigation experience is a significant benefit for clients involved in court proceedings