When a couple with children separates, they must determine visitation arrangements to ensure that the child’s relationship with both parents continues. However, in some circumstances, it is not appropriate for that visitation to be unsupervised. In these cases, New Mexico courts may order supervised visitation only.
Why would supervised visitation be ordered?
The primary concern of the New Mexico family court system is the wellbeing of the child(ren), and in circumstances where the child’s mental, physical or emotional health could be harmed by allowing unsupervised visitation, the court will likely err on the side of caution to prevent harm to children.
Supervised visitation ensures that a nominated third party, who is known as a “supervisor”, is present during visitation, which will usually happen at a Safe Exchange & Supervised Visitation location [1]. The supervisor is usually a child development professional, such as a social worker, but can be a variety of persons, including an employee at a supervised visitation center or a selected friend or relative.
Examples of situations in which supervised visitation may be ordered include:
Domestic violence: Where a parent has a history of domestic violence, the court may order supervised visitation to protect the child from potential harm.
Unfit parent: If a parent has either been absent from a child’s life for a prolonged period or lacks the necessary parenting skills to safely care for their child, supervised visitation can help them step up their skills in a safe environment to develop these skills and a relationship with their child.
Substance abuse issues: If a parent has a substance abuse problem, the court will view their substance abuse, if active or recent, as an intolerable threat to a child’s safety and may order supervised visitation if it’s determined the parent should be entitled to visitation. Parents in active addiction or substance abuse often will not be permitted to see their children and most supervision centers require parents to appear for visitation sober. If/when a parent arrives or appears under the influence, visits will typically be cancelled.
Mental health concerns: If a parent’s mental health issues may lead them to act in an unsafe manner, supervised visitation will likely be ordered so to safeguard the child from unpredictable or dangerous behavior, or avoid the parent having visitation when they are not in the appropriate mental state to do so.
Abuse or neglect allegations: If credible allegations of abuse or neglect have been made against a parent, a court will likely order supervised visitation to protect the child from harm provided the court determines the abusive/neglectful parent should have contact with the child.
Can you move from supervised to unsupervised visitation?
Yes. A lawyer who is experienced in child custody in Santa Fe can work to transition from supervised timesharing to unsupervised timesharing, provided the client has sufficiently demonstrated they are not a threat to their children and has taken the appropriate steps to demonstrate to the Court that they are ready, willing and able to provide a safe environment for their children. The circumstances on how to accomplish this vary widely from case to case, but it is always possible to transition from supervised to unsupervised timesharing if it can be shown doing so will not present harm to children.
It is likely that levels of unsupervised visitation will gradually increase over time, depending on the circumstances and length of time that the parent has been limited to supervised timesharing.
How does supervised visitation work?
Supervised visitation is ordered by a court, and the order will detail the terms and conditions of the visitation, including the location of the visits, their frequency and their duration. It will also nominate an appropriate supervisor based on the needs of the child and the risk factors associated with the parent.
Where the child is believed to be at risk, the court will usually order that supervised visitation take place at a neutral third party professional supervision center. In some circumstances, the court will allow a relative or family friend to be the supervisor, as long as all parties agree to this or the potential risk is minimal. If supervised visitation must be funded, the parent who is being supervised will typically be required to pay [2].
During periods of supervised visitation, the supervisor is responsible for monitoring all interactions between the parent and their child, always focusing on the wellbeing and safety of the child, intervening and potentially terminating the visitation if any issues arise.
The supervisor is required to document each visit, noting in particular how the parent behaves, how the child responds, and any incidents or concerns that arose during the visit, including how they were handled. The court will use this written record to evaluate progress and inform decisions regarding future unsupervised visitation.
The court may review the supervised visitation order on a periodic basis with a view to modifying or terminating it based on the child’s wellbeing, any changes in circumstances, and the parent’s progress.
Supervised visitation can protect children
Supervised visitation is a court-ordered mechanism that ensures the safety of a child while in the care of a parent who is not deemed capable of caring for them in an unsupervised capacity. This is usually a temporary measure and should be seen as an opportunity to develop appropriate parenting skills while transitioning to more direct involvement in parenthood.
Participating fully in supervised visitation, actively learning, making any necessary changes and prioritizing the needs of the child at all times are essential for transitioning from supervised to unsupervised visitation.
If you are facing a divorce or separation and wish to explore the possibility of supervised visitation or are subject to supervised visitation and want to transition to unsupervised visitation, contact the Law Office of Dorene A. Kuffer today. We can help you to implement a fair visitation arrangement that prioritizes your child’s best interests.
[1] https://sesv.nmcourts.gov/
[2] https://nmcourts.gov/wp-content/uploads/2024/04/SESV-RFP-FY25-FINAL.pdf