Divorce can be a grueling and emotionally harrowing passage, and children often become the innocent victims of parental hostilities as a family falls apart. It is important, however, that the children of a divorcing couple are able to remain in contact with both parents. They need to feel that the non-custodial parent still loves them and wants them.
But what about situations in which the non-custodial parent has exhibited behaviors that might be harmful to the children? What if the non-custodial parent has been away for so long that he or she is now a stranger to the children?
In some situations, emotions run out of control, and issues of trust and events in the marital history make it impossible for the parents to come together to work out a plan for children to spend time with the non-custodial parent. Or, the welfare of the children while visiting the non-custodial parent may be in question. In these situations, in the best interest of the child, it may be necessary to arrange supervised visitation in a neutral environment.
If the non-custodial parent has been away for an extended time, having that person suddenly appear might be stressful and awkward for children who no longer recognize this person. In these cases, supervised visitation by the custodial parent, another relative, or a neutral party can be an effective temporary solution to help reestablish a bond between parent and child.
Sometimes there are no grounds for requiring supervised visitation, but the two parents are not able to tolerate meeting each other during the exchange for visitation. In these cases, a supervised exchange by a neutral party who escorts serves to prevent the parents from having to see each other during an exchange for visitation. In this way, children can be insulated from parental hostilities and the parents can avoid explosive and potentially dangerous situations.
Supervised visitation and supervised exchanges are often a short term solution in volatile situations. In many cases, once all parties are able to come to terms with the divorce and emotions cool down, a more natural exchange may become possible. In the meantime, maintaining contact can help children with the healing process following a contentious divorce.
Aeschleman Law can facilitate supervised visitation and exchange arrangements with the best interests of the child in mind.
Emergency Child Custody
A non-custodial parent or other concerned adult or social service agency may discover evidence that a child is in danger when with the custodial parent, because of abuse or neglect.
The person or agency suspecting danger to the child can request emergency temporary custody. Both parents may not have to be present for the court to issue a temporary emergency order, but a hearing before a judge will usually be scheduled promptly so all parties can be heard before a permanent change in custody is ordered.
If you feel that your child is in danger while with the other parent, the most effective path to follow is to have an experienced family lawyer working with you to get an emergency order to prevent further unsupervised visitation. At Aeschelman Law, you’ll find the help you need to protect your interests and the interests of your children in custody situations.
If you have been unfairly accused and wrongly denied custody or visitation, we can help you present your case to the judge and have your rights reinstated.
Aeschleman Law is located in San Jose and serves Santa Clara, Alameda, and San Mateo Counties. Call us today for an initial consultation at (408) 724-8930. You may also contact us by filling out the form on the bottom of this site.