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In New York State, how common is it for supervised visitation be granted by the court?

Jamestown, NY |

I have proof of the other party having a mental illness , history of drug abuse , history of physical and verbal abuse , is currently on SSD ( due to the mental illness ) and even has a Rep . Payee in place to handle their funds because it was determined they could not do it on their own . Proof I have are police reports , photos , text messages , doctor's reports , etc . We have a four year old special needs child and currently in the temporary order he has supervised visitations 2 - 3 times per week . I would like to know my chances of having the supervision continued in the final order ?

Other party is asking for UNsupervised visitation and joint custody. I have been told I can't ask the court to order ongoing supervised visitation. (ongoing; meaning it continues until he takes me back to court sometime in the future to change it)

Attorney Answers 3


  1. Best answer

    Your additional information indicates the noncustodial parent is seeking unsupervised visitation. If the party is an mentally unstable as your question and evidence suggests, it is unlikely the court will allow unsupervised visitation after a hearing, until, on a further modification petition, the other parent can demonstrate he will not potentially subject the children to abuse or neglect while in his care.

    You don't say whether you are talking about joint legal custody or shared/joint physical custody, but that also sounds unlikely at this time. The attorney for the children will interview the parents and the child and have a good deal of influence on the outcome.

    If you are going to be in a contested hearing situation, you are well advised to be represented at the hearing by an attorney or seek the mediation or parenting skills programs usually offered for free by the family court. Low cost or free attorneys may be offered by legal aid societies in your area, especially where abuse and domestic violence has occurred or is a possibility. This site may also help you find attorneys who will offer free consultations (use the "find a lawyer" tab). Best of luck to you.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  2. Is the other parent even seeking unsupervised visitation? If they consent to supervised then it is just that simple. If they do not consent, then a hearing will take place where both sides will be able to present evidence and question witnesses. Once both sides have presented their respective cases, the Judge will render a written decision.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  3. Supervised vistation is granted when there is a real or potential danger to the child. It seems in your case that the risk is likely and the court shod grant supervised visitation. It depends on the particular facts in your case. Retain an attorney to help you. Good luck.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.