The judge will grant visitation privileges to the non-custodial parent and the kid if the court grants one parent sole physical custody. A meaningful and ongoing contact between the child and both parents is deemed to be in the child’s best interest by the law in almost every state. The law also acknowledges that a kid has a right to visitation with each parent. The court will grant a non-custodial parent visitation time with the child unless there are unusual circumstances.
Click here to watch the video on What Are The Rules For Supervised Visitation In Michigan?
Parenting time and visitation have the same exact meanings in Michigan law. The term “visitation” is outdated and more appropriate for paying a prisoner a visit than for spending time with a child. Parenting time has lately started to replace visitation in an effort to avoid marginalizing or degrading a parent. Parenting time is a kinder and gentler term to represent the frequency and amount of time each parent spends with a child in accordance with a court’s ruling.
According to Michigan law, the court must make an order that is reasonably intended to support a child’s close relationship with both parents since it is thought that this is in the child’s best interests. But that does not automatically entail equal parenting time. Instead, the court must take the parenting time guidelines into account when deciding on parenting time or visitation.
The Reasons Why You Have Supervised Rules
Having someone watch your child can be one of the most upsetting circumstances a parent can encounter, but the court doesn’t take this choice lightly. To be more specific, you currently only have supervised visitation with your child under a Parenting Time Order due to the court’s perception that you cannot be trusted to care for the child alone.
You have at least one of the following prevailing circumstances:
- [a] A court believes that you actually run the risk of you abducting your child,
- [b] A court who considers that you and your child are already estranged,
- [c] A recent release from detention, a recent conviction, or a current jail or prison sentence,
- [d] A history of mental illness,
- [e] A history of the child being abandoned, mistreated, or generally subjected to domestic abuse,
- [f] A past history of substance abuse or a current problem,
- [g] A past inappropriate sexual behavior with your child or other children, or
- [h] Your child has asked that you only be allowed to visit with an adult present.
The court actually has several choices in implementing a supervised parenting schedule.
If you want to get out of this supervised parenting time, read our article, “How To Go From Supervised Visitation To Unsupervised Visitation In Michigan” for our take on this.
Supervised Parenting Time, Not One But Three
There are three different varieties of supervised visits, and each one has unique restrictions. Without the presence of a member of your family, a close family friend, a therapist, or a representative of the government, you could not be permitted to see your child.
If the court determines that any of the aforementioned conditions exist or if it has additional reservations about leaving the kid with only one parent, it may order supervised visitation. When it comes to the kind of monitoring that can be required, there are many options.
The court may first permit visits with a relative or acquaintance acting as the primary supervisor. This choice will only be made if the court determines that the parent does not immediately pose a threat to the kid.
The judge will occasionally let the families select a supervisor from their friends or family. The parent and child may visit the relative’s home or another approved site. With this choice, the court can mandate that the supervisor either always remain in the room or maintain eye contact throughout the whole visit.
The noncustodial parent will also have access to the kid on a predetermined schedule at a facility authorized by the court while being supervised by an authorized third party.
Agency oversight is an additional choice. The most limiting type of monitoring is agency supervision, which limits the parent to only spending time with the child at a family services facility. Only when the youngster approaches on their own will the parent be allowed to make physical contact after thorough inspection. This choice should only be made when the parent poses a substantial threat to the child’s welfare
The court can also mandate that visitation occur at a therapist’s office. The therapist can help the parent and kid strengthen their bond there. Once they can demonstrate that the issues that led to the court’s decision have been resolved, parents who have been granted only supervised visitation may ask for a modification of the order.
By collaborating with a family law attorney, you can obtain the ideal parenting time schedule.
Supervised Parenting Are Governed By Schedules and Agreements
Visitation rights are given to the non-custodial parent in divorce cases involving child custody. The visitation schedule is outlined in a “Child Visitation Agreement” or “Child Visitation Schedule.”
Although there are differences in state regulations, it is typical for the parent with exclusive custody to set up the visiting schedule. Then, if the judge approves, it will become a court order after being submitted to the court.
Parents may come to an agreement without the need for judicial approval if they can work together well. It is advised to have the agreement approved by a judge because conditions are subject to change, making it enforceable in court should things go wrong.
The court will first assess what is in the child’s best interests, and then it will take into account other issues, such as:
- [a] the youngster’s age and general health.
- [b] the place where each parent is.
- [c] both parents’ past and present working histories.
- [d] The court may inquire about the child’s preferred place of residence if the child is old enough.
- [e] The everyday work and life schedules of each parent.
In general, courts prefer it when both parents are involved in their child’s life. The judge may order supervised contact or, in rare instances, no visitation but will surely take into account any prior issues, such as abuse or domestic violence.
In situations when the court determines that spending time with the kid alone is not in the child’s best interest, judges reserve unsupervised visitation.
The court takes the right of a non-custodial parent to spend time with a child very seriously, and will only impose restrictions on such time if absolutely necessary. For instance, if a parent has a history of using drugs or alcohol, the court can order them to take a drug test before seeing the child.
The visitation process is not always continuous. The non-custodial parent may have obligations under the custody agreement that must be met before unsupervised visitation can start. In the absence of any exceptional circumstances, the parent may also request that the court perform a formal review.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.