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I'm in Calif., residing in Kern County. In a "supervised visitation", does that person have to watch the visit the entire 8 hour

Ridgecrest, CA |

If it is a supervised visitation of minor children, what is the full responsibility of the person appointed as the supervising adult? Are they to observe the entire 8 hour visit? What if they for example stay inside the house and allow the visit to take place outdoors and only occasionally checking in on the visit? What if the supervising adult questions the children in any way regarding the family matter at hand? Or what if the father tries and question the children? And what if a child refuses to want to go on the visitation and the child is thirteen years old?

Attorney Answers 2

Posted

There are "standards" under both the Family Code and California Rules of Court to govern the duties and responsibilities of professional (paid) monitors, which includes having to observe the child for the entire visit and make a record of such observations. The Uniform Standards of Practice for Providers of Supervised Visitation sets forth the requirements of professional monitors.

If you feel as though the monitor is not doing his/her job properly or is not adequately trained and familiar with the rules governing supervised visits, then you should retain counsel who can assist you in changing the monitor, exposing his/her bias on cross-examination, etc. Under no circumstances should the monitor or parent question the child about the family law case.

The other thing you should consider is whether the child (hardly a child at 13 years old), is sufficiently mature enough to express his/her desires about who he/she wishes to live with etc. Information about the child's preference can be found at Family Code 3042:

"If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation...."

Good luck.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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Posted

The visitation takes place with a primary interest of what is best for the child and keeping him/her safe. The court will examine the circumstances you outlined and may or may not change the monitor, or the method and opportunity for visits.

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