This is the next article in our series on the issue of supervised child visitation in Boston, Massachusetts. Our last article provided an overview of topics which this series will be addressing. We also stressed the need to contact an attorney immediately if you believe you need to modify the Court’s current order. The longer you wait to take the matter to Court, then the greater the risk that a Judge will not view the matter as urgent. In this article we will discuss some of the situations in which a Judge will order that a parent’s time with their child be supervised. If you require assistance then contact us today to speak with a child custody lawyer.
A Probate and Family Court Judge will order supervised visitations if they believe that the parent is a danger to the child. In some circumstances the danger will be obvious. These include instances when the offending parent is physically abusing the child or has shown a blatant disregard for the child’s safety. The Court may also order supervised visitation if it is shown that the parent is abusing drugs, alcohol, or some other controlled substance. These are just some of the more obvious situations which tend to justify a supervised arrangement.
It is important to understand that a Court will typically not order supervised visitation without objective proof which shows a danger to the child. Such objective proof can include failed drug tests, arrest records, or other such information. Say, for example, that a parent claims that their counterpart should be supervised due to extreme alcoholism. Now say that the accused parent has no DUI arrests, no arrests for public drunkenness, and that there are no bank records or other evidence showing that the individual drinks to excess. In such a situation the Court would likely be dismissive of the request due to a lack of evidence. In other words, an unsupported accusation will carry little weight with the Judge.
It is also important to realize that the Court will typically order supervised visits if the child’s safety or well-being is at issue. The fact that the other parent does things differently than you would does not make them “unfit” in the eyes of the Court. While poor parenting choices might provide a basis to change child custody, the Court will typically not require supervised visitation unless there is an issue as to the child’s safety.
If you believe that your son or daughter is in a dangerous situation then contact our office today to speak with a Boston child custody lawyer. Our attorneys are experienced in handling such matters and we are ready to assist you. We also assist Massachusetts residents in the Middlesex County cities of Cambridge, Lowell, Somerville, and Newton, as well as those in the cities of Worcester, Brockton, Quincy, and Lynn.