Supervised visitation may be ordered by a court where the non-custodial parent:
" has a drug or alcohol abuse problem;
" has had trouble controlling anger;
" may have been involved in inappropriate sexual behavior with the child;
" engaged in child abuse, neglect or abandonment;
" engaged in domestic violence;
" has a mental illness;
" has a substance abuse problem; and/or
" as a criminal history.
The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.
Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Dakota Motion for Supervised Visitations is a legal document filed by a parent or guardian to request supervised visitation for their child during custodial arrangements. It is crucial to emphasize that the content provided is based on general information and may not reflect current statutes or regulations in North Dakota. In North Dakota, there are several types of motions for supervised visitations, including: 1. North Dakota Motion for Supervised Visitation Order: This motion is filed when a parent believes that unsupervised visitation could potentially harm the child's emotional, physical, or psychological well-being. It explains the reasons for the request, such as concerns over substance abuse, domestic violence, neglect, or other circumstances posing a risk to the child's safety. 2. North Dakota Motion for Enhanced Supervised Visitation: This type of motion is submitted when standard supervised visitation is deemed insufficient to protect the child. It may be requested in cases involving severe parental negligence, substance abuse issues, mental health concerns, or situations where a history of violence exists. Enhanced supervised visitation often involves the presence of a professional monitor or supervised visitation center. 3. North Dakota Motion for Modified Supervised Visitation: This motion is filed when a parent seeks to amend an existing visitation order to include supervision due to changes in circumstances. It may be necessary if the noncustodial parent's living situation has deteriorated, substance abuse problems have resurfaced, or if new evidence presents potential harm or endangerment to the child. When drafting a North Dakota Motion for Supervised Visitation, it is essential to include the following information: 1. Background: Start by introducing the parties involved, including the custodial parent (the party submitting the motion) and the noncustodial parent. Mention the child's details, such as name, age, and date of birth. 2. Statement of Purpose: Clearly state the purpose of the motion, which is to seek supervised visitation for the noncustodial parent. Explain that this move is being made to ensure the child's safety and well-being during visitations. 3. Supporting Documentation: Include any supporting documentation that strengthens the motion, such as medical records, police reports, child protective service reports, or evidence of substance abuse or domestic violence. 4. Specific Concerns: Provide a detailed explanation of the specific concerns and risks associated with unsupervised visitation. This may include safety risks, behavioral concerns, or the potential impact on the child's emotional well-being. 5. Proposed Supervision Plan: Outline a proposed supervision plan, including who will act as the supervisor during visitations. If seeking enhanced supervised visitation, mention the need for a professional monitor or supervised visitation center. 6. Conclusion: Clearly state the desired outcome of the motion, which is supervised visitation. Request that the court carefully consider the best interests of the child when making a decision. Remember, consulting with an attorney experienced in family law in North Dakota is crucial when preparing legal documents such as a Motion for Supervised Visitation. They can provide you with pertinent advice, guide you through the process, and ensure compliance with local laws and procedures.
