Fairfax, VA Family Law And Divorce Attorney Claudia Zucker On Court-Ordered Supervised Visitation
As a family law attorney in Fairfax, VA, I've come to recognize the apprehension that a custodial parent can experience when turning his or her minor child or children over to the non-custodial parent—particularly during a contentious break up and custody battle. Occasionally, a concerned parent will inquire about requesting the Fairfax Juvenile and Domestic Relations Court to require supervised visitation for the non-custodial parent. While this might provide some level of comfort to the parent who is releasing his or her children for a weekend visit with the other parent, Fairfax and other jurisdictions are unlikely to interfere with either party's parental rights without compelling legal justification.
When is Supervised Visitation Ordered by the Courts?
The commonwealth of Virginia, and by extension the Fairfax family courts, favor plans where both parents are involved in the lives of their children. Consequently, family law attorneys in Virginia encourage their clients to attempt to create visitation plans that respect the rights of the non-custodial parent. In some cases, however, open visitation may be ill-advised. If there are legitimate suspicions that the non-custodial parent has acted inappropriately or has placed the minor child or children in a dangerous situation, it is more likely that a supervised visitation order will be entered. In cases where there is protective order entered against the non-custodial parent, it is highly likely that the court would enter an order requiring supervised visitation or supervised visitation exchanges. If the non-custodial parent has been declared unfit, is a known substance abuser, has a mental illness, or is a known criminal, a judge might require a court-appointed supervisor to be present during visitation sessions, or during exchanges, or deny visitation outright. If supervised visitation is ordered, the cost is usually the responsibility of the non-custodial parent or it may be split between both spouses.
Modifying a Visitation Order
If you have a well-founded belief that your child's other parent may physically or mentally harm your child, it is extremely important to follow strategic steps to ensure your child's safety. Contact a reputable family law attorney who represents parents in custody and visitation disputes and handles modifications. If an existing visitation order exists, it will have to be modified to require appropriate limitations or supervised visitation. Do not take the law into your own hands. If the issue is truly urgent, an emergency motion can be scheduled rather quickly if appropriate. If you believe you have evidence of abuse or neglect, it is advisable to meet with an experienced family law attorney as soon as is possible to review your options. Making irrational accusations against the non-custodial parent should be avoided as they may back fire against you. So in these types of situations it is best to consult an attorney before you make mistakes that could damage your case or permit a situation where the child may be placed in harms way.
If you reside in Fairfax, Loudoun, Prince William, or Arlington County, and you are in need of a reputable family law and divorce attorney who represents parents in custody, visitation, and support actions, contact Claudia Zucker at (703) 596-1005.
