Parents going through a divorce or breakup sometimes want to deny their co-parent the opportunity to spend time with their children. Although there may be legitimate reasons related to the children’s well-being, the law recognizes a child’s right to have a meaningful relationship with both parents. Georgia family courts rarely deny a parent access to their children.
However, when a parent cannot provide a safe or wholesome environment for their children, family courts may limit custody and allow only supervised visitation. This arrangement allows the parent and children to spend time together but protects the children from harm.
Working with a skilled family law team is important if you believe supervised visitation in Suwanee is likely to be an issue in your custody dispute. Our visitation attorneys can ensure you understand how supervised visits work and help you achieve your custody goals.
Georgia’s child custody laws do not favor either parent in custody decisions. Instead, a family judge must consider the best interests of the children. In general, the law assumes that spending time with both parents furthers the children’s best interests.
The law describes many factors a judge should consider when deciding custody and visitation issues. Among these are a parent’s history of family violence, physical and mental health, substance abuse, or criminal activity. Our Suwanee family law attorneys will ensure the court is aware of any such concerns about one of the parents when considering supervised visitation.
When parents cannot resolve custody disputes through negotiation, a judge will often appoint a custody evaluator to make a recommendation. The custody evaluator is a mental health professional who interviews the children and parents, administers psychological tests, and decides what custody arrangement is in the children’s best interests. When one parent’s ability to provide a safe environment for the children is questioned, the custody evaluator can address these concerns in their interviews and testing.
The Official Code of Georgia §19-9-7 addresses visitation when a parent has committed family violence. It allows a Suwanee family judge to impose supervised visits when it is necessary to protect the well-being of the children and the other parent.
Supervised visitation usually means that the parent spends time with the children somewhere other than the parent’s home and in the presence of a third party. The supervisor can be another responsible adult, like a family member, friend, or agency. When the supervisor is not an agency, the court will issue rules regarding the terms of the supervision.
The family courts have the discretion to make similar orders when the reason for the supervision is related to issues other than domestic violence. In all cases, the supervisor’s job is to ensure the parent’s behavior is safe and appropriate, and to remove the children if it is not.
Supervised visitation is not necessarily permanent. The supervision requirement might be in place while a parent completes substance abuse rehabilitation, a family violence intervention program, or stabilizes their mental health.
When the parent meets any conditions the family court imposes and visits go well for a period of time, the parent who is subject to supervision could request the court lift the order. The court would usually require a report from the person supervising the parent with their observations and might also appoint a custody evaluator to assess whether the parent can provide a safe and healthy environment for the child.
Our Suwanee attorneys can help a parent request a modification of a supervised visitation order or assist a parent who wants to keep a supervision order in place.
Georgia family courts rarely prevent parents from having contact with their children. Supervised visitation is often the best solution when there is a valid concern about a parent’s ability to provide a healthy atmosphere.
If you want visits with your co-parent supervised or are fighting a proposal for supervised visits, you will need the help of a skilled legal professional. Our team of attorneys has extensive experience with supervised visitation in Suwanee. Reach out today to get started.