If you’ve made the difficult decision to end your marriage and children are involved, you will encounter the emotional topic of child custody and visitation. Understandably, this is often a contested issue as each party’s valuable parenting time is at stake. In New York, the court believes that a child’s best interests are achieved when both parents have an ongoing relationship with their child. Essentially, a child is benefited most when nurtured and cared for by both parents. However, this is unless it’s deemed that having a relationship with one or both parents would negatively impact the child’s healthy development. The court may not grant custody in these cases but will order supervised visitation. Please continue reading to learn when supervised visitation is necessary and how a seasoned Nassau County Child Custody Lawyer can help you safeguard your parental rights during divorce proceedings.
When Does the Court Order Supervised Visitation in New York?
New York courts believe that children should benefit from having equal involvement from both parents. In most cases, both parents will be granted equitable visiting time with the child. However, the court may order supervised visitation when one parent jeopardizes the child’s safety and welfare. Supervised visitation occurs when the non-custodial parent can spend time with their child, but only when another adult supervises their interactions. This arrangement is meant to preserve a child’s relationship with their parent and ensure their well-being.
As mentioned above, the court’s primary concern when determining custody and visitation arrangements is the child’s best interests. Therefore, if supervised visitation is necessary, the court will order it and implement it as part of the parenting plan. The following includes examples of situations where the court may order supervised visitation to safeguard a child’s best interests:
- Accusations of abuse or neglect have been made against the parent
- A parent is struggling with addiction or mental health issues
- A parent is engaged in parental alienation
- A parent presents a flight risk (poses a risk of kidnapping the child)
How long will supervised visitation be imposed?
It’s crucial to understand that every case is unique, meaning that the duration of supervised visitation will vary depending on the specific circumstances of your case. Nevertheless, supervised visits are usually ordered temporarily until the non-custodial parent can show the court that they have improved and can be trusted to care for their children. For instance, if one parent is awarded supervised visits because of substance abuse problems and they resolve those issues and no longer present a potential risk to the child, the court may grant them unsupervised visits.
If you’re involved in a custody case where supervised visits are imposed, please don’t hesitate to contact a trusted Nassau County child custody lawyer. At the Law Offices of Eyal Talassazan, P.C., we are prepared to guide you through this emotional process and fight to safeguard your child’s best interest.