Supervised visitation may be imposed when the court is concerned that a noncustodial parent may not be able to properly care for a child during their visitation time. In that case, visitations may be supervised by a third party. However, these types of visits can make it difficult for noncustodial parents to truly engage with their children and build meaningful relationships. Below, we discuss how to stop supervised visitation, and how a child custody attorney can help.
Can Your Supervised Visitation Order Be Overturned?
The court may order supervised visitation for a number of reasons, and some of those reasons automatically prevent the noncustodial parent from ever being alone with a child ever again.
The most common reason for a permanent supervised visitation order is when the child is a sexual abuse victim of the parent. Even if the noncustodial parent has completed their term in prison, they will likely be required to adhere to visitation with a third party nearby.
In some states, a sexual assault conviction on any minor will result in a permanent supervised visitation order. For example, in Missouri, visitation rights would be granted if they were in the best interest of the child, but the time would be limited and someone else must always be in the room.
The court may also refuse to overturn a supervised visitation order where there was severe abuse or neglect of the child, where the noncustodial parent was the abuser or is still with the abuser and mental health issues are unaddressed.
Proving That You Are a Fit Parent
A supervised visitation order was put into place because the court felt you were a danger to the child. When determining how to stop supervised visitation, you must first prove to the court that you are now a fit parent. You will need to provide evidence that the issues that deemed you unfit have been resolved.
For example, if you were ordered to adhere to supervised visitation because you were addicted to alcohol, then you should show that court that you have been clean for a period of time. That may include a letter from a rehabilitation center and drug tests showing you do not have alcohol in your system.
How to Stop Supervised Visitation
You will need to file a motion with the court to modify your custody/visitation order. Although these forms are generally available online or from a court clerk, you will need to know exactly what type of information to present to the court to prove that your supervised visitation order should be overturned. This is best done by an attorney.
A hearing will be scheduled after you submit all necessary paperwork. During that hearing, you will present your own testimony and the court will review evidence that you are now a fit parent. If the court determines that you are no longer a danger to your child, then your supervised visitation order will be overturned.
It’s important to note that the custodial parent can object to changes in the supervised visitation order. However, they will have to present counterproof that you are not a fit parent. When submitting proof that your supervised visitation order should be overturned, you should anticipate any submissions by the custodial parent and address those early.