How does supervised visitation work in Texas? It typically involves a third-party-approved supervisor who oversees visits between a noncustodial parent and their child. This type of arrangement is reserved for situations in which there is a legitimate concern for the child’s safety, should they be left unsupervised with the parent.
If you’re navigating a supervised visitation case, seek support from a Frisco divorce attorney at Albin Oldner Law, a North Texas family law firm that understands complex custody matters. Our team can help you reach an agreement that protects the parent-child relationship while respecting the children’s best interests.
What circumstances may lead to supervised visitation?
The state of Texas operates in the best interests of the child when determining child custody agreements or visitation schedules. Texas law typically assumes a joint managing conservator setup unless there is reason to implement a different model. This means that both parents should have roughly equal parenting time and rights to make decisions for the child.
However, this may become a situation in which there is a primary custodial parent and the other is granted visitation under the supervision of a third party, when a court may order supervised visitation in cases such as:
- Family violence from the other parent
- Child abuse or neglect by the noncustodial parent
- Established pattern of alcohol or drug abuse from the non-custodial parent
These situations do not guarantee supervised visitation, but they are often part of the consideration. Judges always act in the child’s best interests when deciding whether to order supervised visitation in Texas.
Stages of supervision
The rules for supervised visitation vary depending on safety concerns and each parent’s circumstances. Texas courts often consider whether the parent is struggling with issues like mental health or substance use when setting supervision levels. The Texas child and family visitation guidelines describe four general levels of supervision, ranging from unsupervised visits to constant monitoring.
Court orders for high-level supervision might correspond with significant concerns for safety, while lower supervision may apply to a parent struggling with current mental health or substance abuse issues, but without a history of abuse toward the child.
Unsupervised
Unsupervised visitation is what we may consider standard parenting time. The parent has unsupervised parenting time with the child, and no monitor is present for any duration.
Low
Low supervision requires a third-party supervisor, such as a family member or friend, or a professional monitor. There may be some alone time with the child where the supervisor gets the visit situated and observes for a few minutes before leaving, then returning to monitor the last few minutes of the visit.
Medium
A medium need supervised visitation arrangement typically requires the monitor to stay present for the duration of the visit. They will monitor the visit from a short distance where they can see the child but may not hear what is said. Under the right circumstances, the parent may be able to take the child to the bathroom on their own or go to a different area of the playground while the supervisor observes.
High
High-level supervision means the monitor can see and hear all interactions at all times. The noncustodial parent is not allowed any unsupervised visits.
Choosing a visit monitor or supervisor
In private custody cases, parents may select an approved supervisor for visits, either a trusted family member or a professional supervisor. The supervisor can be a family member who has strong boundaries and a connection to the child, or you could choose to hire a professional supervisor.
When you choose your own supervisor, you should carefully consider the person you choose. It should be someone who is able to stand their ground and redirect the noncustodial parent if things start to take a bad turn, and it should ideally be someone your child trusts.
However, you should try to ensure the person can be fair and balanced in the way they engage with both parents and the child. If you choose someone who is behaving inappropriately, it may be something that can be used against you in your custody battle.
Supervised visit locations
When a judge orders supervised visitation, they may also specify a designated location for visits. Depending on the situation, this could be decided by the court, the supervised visitation center, or by agreement between parents. In a high-conflict or high-risk dynamic, you may decide to complete visits at a visitation center with a professional supervisor. In lower-risk situations, the visits may happen in the community or the noncustodial parent’s home.
Call Albin Oldner Law to help you find the best outcome for your child
Most children want a relationship with their parents, even if it’s less than ideal. As parents, this can be difficult to watch at times. However, when you work with an Albin Oldner Law attorney, you can trust that we will give you balanced, compassionate, and accurate guidance on how to handle your supervised visitation case.
Call us today at (214) 423-5100 or contact us online to schedule your case consultation and discuss your options.
