When parents go through a divorce or custody dispute in New Jersey, one of the most sensitive issues that can arise is parenting time, sometimes called visitation.
In some cases, a court may determine that a parent's time with a child needs to be supervised to protect the child's safety and well-being.
This is known as supervised visitation, or supervised parenting time.
Supervised visitation means that a parent is permitted to spend time with a child only in the presence of another approved person.
Depending on the circumstances, that person might be a trusted family member, a professional supervisor, or someone else approved by the court.
The goal isn't simply to keep a parent away from his or her child.
It's to allow the parent-child relationship to continue while addressing concerns about the child's safety.
New Jersey courts generally recognize the importance of children maintaining relationships with both parents when doing so is in the child's best interests.
But there are situations where unsupervised parenting time may present a legitimate concern.
Supervised visitation may be considered when there are issues involving:
Every case is different.
An allegation alone doesn't necessarily determine what will happen. The court has to consider the facts and, most importantly, the best interests of the child.
If supervised parenting time is ordered, the court can establish the conditions under which visits occur.
That may include where visits take place, how frequently they occur, how long they last, and who is permitted to supervise them.
Some visits take place through professional supervised visitation services. Others may occur in a less formal setting with an agreed-upon or court-approved third party.
The appropriate arrangement depends on why supervision was ordered in the first place.
Not necessarily.
In many cases, supervised visitation is intended to address a particular concern while giving the parent an opportunity to work toward less restrictive parenting time.
For example, a parent might be required to participate in counseling, complete substance abuse treatment, attend parenting classes, or satisfy other conditions.
If circumstances improve, the parent may later ask the court to modify the parenting-time arrangement.
But supervision doesn't disappear automatically.
If a court order requires supervised parenting time, the proper steps generally need to be taken before returning to unsupervised visits.
This is important.
Supervised visitation isn't supposed to be about punishing a parent for being a bad spouse.
Custody and parenting-time decisions are supposed to focus on the child.
The question is whether supervision is necessary to protect the child's best interests while maintaining an appropriate relationship with the parent.
Supervised visitation in New Jersey can be ordered when a court has legitimate concerns about a child's safety or well-being during parenting time.
But every custody case is different.
The reason supervision was requested, the evidence supporting those concerns, the parent's conduct, and the child's best interests can all affect what the court decides.
If supervised visitation is becoming an issue in your custody or divorce case, whether you're requesting it or being asked to submit to it, understand your rights before agreeing to anything.
Until next time,
Steve