What Does Supervised Visitation Mean in a Georgia Child Custody Case?

Supervised visitation in Georgia child custody is a court order that states all visits between the child and a parent must be conducted in the presence of a third party. Supervised visitation like this ensures there is someone else present to monitor the interaction.

What is supervised visitation in Gwinnett County really for? The ultimate objective is to ensure the child's safety and well-being during the visit. The court believes that child custody and visitation centers one on principle: doing what is in the best interest of the child. If, for any reason, the court believes the child is at risk, supervised visits like this can be required.

If you or the other parent involved in your child’s custody battle may require visitation like this, let Georgia Family Law Attorney Sharon Jackson, LLC, offer guidance. Contact our child custody attorney to discuss your legal options.

When Is Supervised Visitation Ordered in Georgia?

Supervised visitation may be ordered by the court for various reasons, depending on the case itself and the way the court feels about the safety of the child. Some of the most common reasons visitation is ordered in Georgia include:

• Child abuse: If there is any instance in which the court believes child abuse happened or could have happened, they may order visitation to be monitored.
• Mental health: In situations where the court is concerned about the parent's mental health – from the standpoint of that mental health concern impacting the safety or well-being of the child - visitation may be lowered.
• Substance misuse: There may be some concern about substance misuse while the child is present that could put the child in harm’s way.
• Lack of connection: In some situations, if the child and the parent may not have a strong bond, perhaps even just meeting, or there could be a new stepparent present, the court may order visitation to prevent concerns.

Who Supervises the Visits?

Georgia supervised visitation requirements may differ from case to case. However, the court takes supervision very seriously and will not allow just anyone to provide this important duty. Typically, one of the following will provide supervision under the court’s direction:

• Qualified professionals, including social workers
• Mental health professionals familiar with the case
• Court-approved family members

It is important to understand that one parent will almost never be allowed to serve as the supervisor for the other parent. The supervisor should be a neutral, calm party who is focused on the best interest of the child.  The parties can agree on a supervisor like an aunt, grandparent, or trusted family friend.

The details of every case play a role in this decision. However, if you believe the requirements are not clear, or you do not understand why this is taking place, talk to a local child custody attorney who can offer insight on state laws and practices.

Misunderstandings About Supervised Visits

The purpose of supervised visitation is to ensure the safety of the child.  Even in cases where there was prior domestic violence against an adult, supervised visitation may not be necessary to protect the child. Once the parents are no longer married or in a relationship and discontinue contact with each other, the courts presume that the chances of domestic violence will decrease.  Parents can reduce safety concerns by exchanging the children at the police or fire station or in another designated public location with security, cameras, and good lighting. Parents can also designate third parties to exchange the children so that the parents do not have to interact with each other.

Logistics of Supervised Visitation

For many parents, the thought of supervised visits seems worrisome because the location, familiarity of the child with the surroundings and other factors could contribute to the success of such visits. In all cases, the judge will set specific conditions for the visitation and define the requirements of it.

Location
Visitation location depends on the case. Most often, it occurs at a neutral location (the ex does not go to the child’s home, for example). The location and duration of the visits, along with the frequency, will be dependent on the judge’s opinion of what is in the best interests of the child. Under Georgia state law, the court has the freedom to set any standards or requirements. That includes the frequency of such visits.

Fees
Also notable is that in some situations, the parent who has supervised visits may be required to pay a fee to cover the cost of using a professional for this service. In some situations, the court may also require that parent to post a bond.

Rules
The court may also place very specific rules on the interaction. For example, the child’s address may not be shared in some situations, especially when there is a history of violence. In these situations, supervised visits may occur only in protected settings.

Documentation
The supervisor does more than just sit and watch. They also are required to document the visitation and then report back to the court what they see and believe. Accuracy here is critical, and the supervisor must be a neutral third-party to provide accurate information.

The Importance of Legal Guidance

Learning that supervised visitation is necessary may seem to complicate the custody battle for many parents. Yet, when ordered, parents must take every step possible to ensure these requirements are met to maintain court orders. This is why working with an attorney can be so critical.

When you work with Georgia family lawyer Sharon Jackson, you gain one-on-one support to help you choose the best long-term objective. As a child custody attorney, there are several benefits you will receive when working with the legal team:

Know Your Rights
Consulting with a Georgia family law attorney is the best way to determine if visitation is a possibility in your case, as well as what that may mean for your child. Get clarity on whether these requirements fit your specific case. You should know your options in the custody agreement.

Advocate
You need an advocate available to help you fight against unfair decisions. As an advocate for a visitation plan that puts the child's best interests at heart, your attorney will provide insight into the legal rights and obligations you have during this process.

Navigate Court
An additional benefit of working with custody attorneys is that you will have support navigating the entire court procession when supervised visits are required. Also, note that visit rules may change over time, and having an attorney available to guide you can be critical.

The Downside of Supervised Parenting Times

Supervised parenting time is expensive.  It is usually only required when there is a serious risk of harm or danger to the child.  If the parent simply does not have a relationship with the child, the courts can order a graduating parenting time schedule instead of supervised parenting time.  The net effect of supervised parenting time is that because of the costs, it results in many parents not being able to afford to visit with the child. It is an option that should be carefully weighed based on unusual and special circumstances.  Supervised parenting time is not a routine option, but in a limited number of cases, it  may be necessary.

An unreasonable request for supervised visitation can reflect poorly on the parent requesting it.  If a parent is asking for supervised parenting time where it is clearly not warranted, the court may construe this as an indicator that the requesting parent simply does not want to coparent and will go through any lengths to prevent the other parent from spending meaningful time with the child and it may backfire on the requesting parent.

Get the Help You Need from Gwinnett County Family Lawyer Sharon Jackson

Attorney Sharon Jackson LLC provides exceptional legal support and guidance to those facing child custody battles. You may believe the rules imposed are too harsh or not enough. Let our legal team help you determine where you stand and what your legal rights are in these cases. Call (678) 436-3636 to schedule a consultation.