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Article
Family Law

Understanding Supervised Visitation Rules NY

January 21, 2025
Christopher
Sands

Supervised visitation is a court-ordered arrangement where a non-custodial parent is allowed to spend time with their child under the supervision of a third-party adult. The purpose of supervised visits are to ensure the child’s safety and well-being while maintaining a relationship with the non-custodial parent.Supervised visitation is often ordered in cases where there are concerns about the non-custodial parent’s ability to provide a safe and stable environment for the child. The court believes that supervised visits are necessary to protect the child from potential harm or abuse. With this being said, supervised visitation can be especially beneficial for families going through divorce or custody disputes.

What is Supervised Visitation?

Supervised visitation is a court-ordered arrangement where a non-custodial parent is allowed to spend time with their child under the supervision of a third-party adult. The purpose of supervised visits are to ensure the child’s safety and well-being while maintaining a relationship with the non-custodial parent.

Supervised visitation is often ordered in cases where there are concerns about the non-custodial parent’s ability to provide a safe and stable environment for the child. The court believes that supervised visits are necessary to protect the child from potential harm or abuse. With this being said, supervised visitation can be especially beneficial for families going through divorce or custody disputes.

Who is Eligible for Supervised Visitation?

Non-custodial parents who have a history of domestic violence, child abuse, or neglect may be eligible for supervised visitation.

Additionally, parents with mental illness or substance abuse issues may also be eligible. The court may order supervised visitation in these cases, along with the ability for custodial parents who have concerns about the non-custodial parent’s ability to care for the child to request supervised visitation.

Supervised Visitation Services in New York

Supervised visitation programs in New York provide a safe and controlled environment for children to visit their parents. These programs offer a range of services, including parenting education, counseling, and therapeutic supervised visitation.

The Court Order Supervised Visitation Process

The court order process for supervised visitation typically begins with a petition filed by one of the parents. The court will review the petition and may order supervised visitation if it is deemed necessary to protect the child’s safety and well-being.

The court may appoint a supervisor or allow the parents to agree on a supervisor if needed. The supervisor’s role is to ensure the child’s safety and well-being during the visit, and to report any concerns to the court that arise during their time at the supervised visitation programs.

Supervised visitation can take place in a variety of locations, including an office, community center, courts, designated public location or facility, or even a family's home. In New York, there are several support programs and departments within each county with assistance available to families.

Types of Supervised Visits

Standard supervised visitation is the most common type of supervised visitation, where a third-party adult supervises the visit.

Therapeutic supervised visits is a type of supervised visitation where a therapist or counselor with extensive experience on the impacts of visitation rights and parenting time supervises the visit and provides guidance on skills and addressing mental health issues. It is important to note that this type of supervised visitation program is non-confidential, meaning that therapist-patient privilege does not apply.

Lastly, enhanced supervised visitation is a different type of supervised visitation offered to families involved with Social Services or the foster-care system that provides additional support and services to the non-custodial parent, usually through the help of a family coach.

Modifying a Supervised Visitation Order for Non-Custodial Parents

A supervised visitation order can be modified if the parent without child custody demonstrates improved parenting skills or if the child’s needs change. The court may modify the supervised visitation order to allow for unsupervised visits or to change the frequency or duration of the visits.

The court’s primary concern is the child’s best interests, and any modifications to the supervised visitation order must adhere to these interests and the child's life if the court believes that change to the order supervised visitation is necessary.

Ensuring a Smooth Supervised Visitation Experience

It is essential to communicate effectively with the supervisor and the other parent to ensure a smooth supervised visitation experience.

The non-custodial parent should be respectful, cooperative, and maintain responsibility of their actions during the supervised visitation. The custodial parent should also be supportive of and during the standard or therapeutic supervised visitation programs.

Conclusion

Here at Hannon De Palma, LLC, we believe in focusing on what truly matters -- protecting your rights, using our expertise to create successful outcomes for the entire family, and focusing on creating a future where everyone can thrive.

Practicing across Westchester County, Manhattan, Long Island, and Boston, the Hannon De Palma team has decades of experience representing clients in custody and divorce cases. 

Call our office at (914) 444-1900 or fill out a simple, free online consultation form to begin your next chapter.

Christopher Sands
Chief Executive
Officer

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