This is the next post in my series on the handling of child custody cases which involve supervised visitation. My last article discussed what to expect during supervised visits with a child. It is important to understand that a Judge will expect all sides to consider the best interests of the child when such visits are held. This means that the parties should not demean each other or discuss the litigation. If you believe that someone is not behaving appropriately, during such visits, then it is important to discuss the matter with your attorney. In this article I will discuss another important topic – the process of requesting supervised visits. If you require assistance with such a case then contact my office to speak with a fathers’ rights lawyer.
I previously discussed situations in which a Judge may order supervised child visits. If the child is facing a situation which involve abuse or neglect then the first step in requesting supervised visitation is to file a Motion with the Court. This is a formal document in which the requesting parent will spell out why they believe the child is in danger, a proposed new visitation schedule, and evidence supporting their claims. Given that these types of cases typically involve an emergency situation, your attorney will likely request an expedited hearing from the Court. This means that your Court hearing may be held as quickly as within a few days. The other side will be served with the Motion and each side will be required to appear.
How the Court will proceed at the initial hearing will depend on the specific circumstances of the case. If the allegations involve claims of drug abuse then the Judge is likely to order an immediate drug test. If the allegations involve claims of abuse then the Court will look to the credibility of the claims. The Court may order that visitation be supervised at the hearing and, depending on the circumstances, a follow up hearing may be held shortly thereafter. For example, if the case involves claims of drug abuse then the follow up hearing would take place within a few days, after the results of a drug test are available. If cause exists for visitation to be supervised then the Court will appoint a supervisor on a temporary basis and a trial date will be scheduled to determine a more permanent order.
It cannot be stressed enough, again, that no two cases are the same. How the Court will rule in any given instance will depend on the particular facts of a case. This is why it is important that you contact a Peoria child custody lawyer immediately to help ensure that your situation is properly handled. I am a former prosecutor who believes that everyone is entitled to their day in court. Contact my office today to schedule an initial consultation.
I also service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.