This is the next post in a series of articles discussing supervised visitation in Dayton, Ohio child custody cases. The previous post outlined what parents can expect during a court ordered supervised visit. It also emphasized the importance of fully complying with the court’s instructions regarding the visitation and acting in the child’s best interest. In this article, we will address how one may regain the right to unsupervised visitation. If you need assistance with a child custody matter, contact our office to speak to a family attorney.
As previously discussed, supervised visitation is typically ordered when a child’s unsupervised exposure to the other parent somehow threatens the child’s physical or emotional well-being. In many cases, a judge will be willing to revise the requirement once it is clear that the threat has abated. This determination will depend, in large part, on why the supervised visitation order was issued in the first place. For instance, if the order was issued as a result of a parent physically abusing a child, the court will obviously require significant evidence that child is no longer in danger. On the other hand, a parent who was using drugs may objectively demonstrate a prolonged period of sobriety through drug testing to regain unsupervised visits. Obviously each situation will depend upon the specific facts of each case.
Consider the example of a parent whose visitation is supervised due to drug use. At the time a judge orders supervised visitation, they will normally schedule future “status checks,” possibly every few months, to review the situation. The offending parent would likely be required to take regular drug tests. At the status checks, the court will review whether the issue which led to the supervision order has been resolved and whether the supervised visits have been problem-free. If so, then the court may modify its order to allow for a small amount of unsupervised visitation. The amount of supervision required would gradually decrease until a point at which the parents are enjoying a more traditional arrangement. It is important to note that this change will likely be gradual rather than an immediate reversion to the pre-supervision custody arrangement. The court will eventually issue a permanent order regarding child custody and visitation.
If you are seeking supervised visitation or subject to a supervision order and have questions about your rights or obligations, contact our office today to speak with a Dayton child custody attorney. We also serve the areas of Beavercreek, Centerville, Clayton, Eaton, Englewood, Fairborn, Franklin, Harrison Township, Huber Heights, Kettering, Oakwood, Lebanon, Miami Township, Miamisburg, Piqua, Riverside, Springboro, Springfield, Tipp City, Trotwood, Troy, Vandalia, Waynesville, Washington Township, West Carrollton, Yellow Springs, and Xenia.