It almost never happens in North Carolina that the non-custodial parent is denied any visitation time with a child. In fact, there is a strong preference in our state for family court judges to order custody be shared by each parent. Sometimes however, circumstances exist that will result in a judge deviating from this preference. While the facts may not give rise to a custody order so severe that it denies a parent visitation time, a judge may decide that a parent’s visitation should be supervised.
Supervised visitation can take several forms. It may occur in the visiting parent’s home and the supervisor could be a family member or other third party. Supervised visits may take place in a public place, like a shopping mall or a park, while a third party is present. Or, in more severe cases, a supervised visit may take place in a protected setting with a social worker or other professional observing.
Most often judges order this sort of custody arrangement when it is demonstrated that a child may come to some harm or danger if visitation is not monitored. Perhaps the parent has a history of family violence, substance abuse or has been known to neglect the child in the past. Perhaps the parent has been absent for some time and is trying to become more active in the child’s life. There are many scenarios that would warrant a judge to order that a parent’s visitation be supervised.
Keep in mind that custody orders are always modifiable. If a judge orders supervised visitation for a parent, it can always be changed later if that parent takes corrective measures that show the judge that he or she is capable of safely exercising unsupervised visitation. So long as the judge recognizes that a substantial change in circumstances has occurred, and that unsupervised visitations would be in the best interest of the child, the order can be modified. Sometimes a custody order will specifically provide for a phase-out of supervision once the suspect parent has proven him- or herself to be more reliable or consistent around the child.
