Legal Question in Family Law in New York
visitation
in new york are there any set requirements for supervised visitation i.e.burden of proof,that a parent must meet to make the court rule in favor of said visitation
3 Answers from Attorneys
Re: visitation
Generally, visitation is supervised only when the parent who does not have custody has done something to indicate that he or she cannot be trusted alone with the child. A party claiming that visitation should be supervised has the burden to prove why supervision is necessary. The proof may be as little as one party's testimony and as much as a psychiatric report indicating the instability of the parent. Here, the preparation of evidence by an attorney is crucial to either make the claim or to defend against it. Each case is different and the type of evidence that will be believed by a court depends upon the circumstances.
Re: visitation
No, there are not any set requirements or standard of proof to get the court to order that visitation be supervised.
Feel free to call me at 212-367-9167 if you wish to discuss your particular situation. I do not charge a fee for the initial consultation.
Re: visitation
These cases are very fact specific.
Suggest you either post a new question, with details, or that you consult with an experienced matrimonial attorney, such as myself, for advice as to your situation.
FYI - I practice in NYC and Long Island.