New York Motion for Supervised Visitations

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US-03343BG
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Description

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.

The New York Motion for Supervised Visitations is a legal process that aims to regulate and monitor the visitation rights of a non-custodial parent or guardian in the state of New York. It is filed with the family court to request supervision during visitation periods to ensure the safety and well-being of the child involved. This motion is typically initiated by the custodial parent or guardian, raising concerns about potential risks or dangers that might arise if unsupervised visits were to occur. Supervised visitations in New York can be requested under various circumstances, each intended to address specific concerns to protect the child involved. Some common types of New York Motions for Supervised Visitations include: 1. Motion for Supervised Visitation Due to Substance Abuse: This type of motion is filed when a parent or guardian has a history or current issue with substance abuse, which may pose harm to the child's physical or emotional well-being during unsupervised visits. 2. Motion for Supervised Visitation Due to Domestic Violence: If there is a history of domestic violence that raises concerns for the child's safety, the custodial parent or guardian may file this motion. The court may require the non-custodial parent to have supervised visits until it is deemed safe for unsupervised visits to occur. 3. Motion for Supervised Visitation Due to Child Neglect or Abuse: This motion is filed when there are concerns of neglect or abuse by the non-custodial parent, and supervised visitation is necessary to ensure the child's safety, allowing for observation and intervention if required. 4. Motion for Supervised Visitation Due to Parental Alienation: In cases where one parent is deliberately trying to damage or sever the relationship between the child and the other parent, a motion for supervised visitation can be filed to prevent further harm and maintain the parent-child bond under supervision. When filing a New York Motion for Supervised Visitations, it is crucial to provide compelling evidence, such as police reports, medical records, witness statements, or expert assessments, to support the concerns raised. The court will carefully evaluate the situation and make a decision based on the child's best interests, prioritizing their safety and welfare.

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FAQ

Who can get visitation in New York? Either parent, siblings and half-siblings, and grandparents can ask for visitation. The court will determine whether visitation is in the child's best interest. A parent is entitled to frequent and meaningful visitation, unless it is shown that it would be harmful to the child.

Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated. A custodial parent can face legal consequences for preventing visits between a child and the noncustodial parent. A child who refuses visitation puts a parent in a perilous situation.

As such, a family court in New York will grant visitation rights to grandparents who have an already established relationship and/or have been denied access to their grandchild only if it is deemed by the court to be in the child's best interests.

Supervised visitation means the parent may not be alone with his or her child. The presence of the supervisor will hopefully prevent abuse or neglect of the child. In some cases, the court will order therapeutic supervised visitation.

If the court decides visitation, it will create a visitation schedule based on the best interest of the child. Typically, a child of school age usually will have visits with a non-custodial parent every other weekend. Based on the age of the child and other factors, these visits may or may not be overnight visits.

Courts want the child to have a strong relationship with each parent if the parents are not together. However, if visitation would harm the child, the court can deny child visitation rights. For example, if a parent is abusive or neglectful towards the child or is abusing drugs, visitation rights may be denied.

Visitation is also called ?parenting time.? When one parent has sole custody of a child, the court will let the parent who doesn't have custody visit with the child unless there is a reason not to allow visitation. Custody and visitation are two separate issues, but they are usually decided during the same hearing.

Whether a child likes it or not, for the most part, compliance with court orders isn't optional. Minor children involved in a divorce in New York will be required to comply with the visitation orders of the courts, though children may resist at first.

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Custody & Visitation Forms ; GF-17a, Notice of Motion-Sibling Placement or Contact, PDF ; GF-17b, Affidavit of Child in Support of Motion for an Order for Sibling ... Jun 16, 2023 — Step 1 Take your paperwork to the clerk's office.A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation ... Supervised Visitation in New York. Wednesday, 04 October 2017. Stacy Sabatini ... fill in this confidential form or call (845)-243-0295. Please fill in all ... fill out the petition and file the case. In Fam- ily Court, it does not cost ... Ask the Judge to order either no visitation or supervised visitation through one ... The custodial parent or other appropriate guardian must file a motion with the court for supervised visitation and present evidence supporting her claims, and ... Sometimes these parents are awarded visitation ― often supervised visitation ... Proof of paternity allows a father to file for custody or visitation and ... You can file a petition for custody or visitation in the county where your child lives. A petition is a written request. Judges often decides custody and ... You file a petition for custody or a petition for visitation in the borough where the child has lived for the last six months. A petition is a written request. Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she ...

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New York Motion for Supervised Visitations