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Supervised Visitation and Safe Custody Exchanges

In Child Custody by Elizabeth Stephenson

When family courts enter custody and visitation orders, they do so based on what is in the best interest of the children. This is an open concept that can encompass many different considerations. Sometimes, courts end up hearing evidence that concerns them to the extent that they limit a parent’s custody or visitation. This may include evidence of domestic violence, a criminal activity, substance abuse, child neglect, emotional abuse of a child, or physical abuse of a child. In other words, if the court feels that a parent poses some physical or emotional risk to the child or the other parent, then a court will make decisions it feels necessary to protect them. However, it must also balance the underlying public policy that children should spent time with both parents. …

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Supervised Visitation and Child Exchange

In Child Custody by Sarah Hink

In North Carolina child custody cases, family courts are tasked with entering orders that are in the best interest of children. These courts operate under the belief that children are best served when they have a continued relationship with both parents. Therefore, courts will happily approve agreed parenting plans that allow for an ample visitation schedule between a noncustodial parent and a child. Even in contested custody cases, courts will generally order a generous visitation schedule between a parent and child. Despite this, courts must make decisions on a case-by-case, child-by-child basis, and there are circumstances that may result in limitations or restrictions of an “unfit” parent’s visitation rights to a child. Factors relating to this lack of fitness may include a parent’s history of domestic violence, absence from the …

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When is Supervised Visitation Appropriate?

In Child Custody by Sarah Hink

North Carolina, as well as many states in this country, holds a presumption that when parents are separated, it is in a child’s best interest to have generous visitation with and access to both parents. This is to maintain and foster a continuing bond and relationship between them. However, this presumption of reasonable access can be overcome in circumstances when a court finds that this is contrary to the best interest of the child. In some cases, the court may order that visitation between a parent and child must be supervised. The courts in North Carolina are permitted to deny a parent “reasonable visitation”. North Carolina General Statutes 50-13.5(i) (Denial of Parental Visitation Right; Written Finding of Fact) states that “In any case in which an award of child custody …