How is Supervised Visitation Determined in Washington Custody Cases?

When parents move into different residences after a divorce in Washington state, the court will work with them to establish a custody agreement (also referred to as a parenting plan) that supports the best interests of the child. Under RCW 26.09.002, “The best interests of the child are served by a parenting plan that best maintains a child’s emotional growth, health and stability, and physical care.” Since every family dynamic is unique, an arrangement that works for one family may not be ideal for a different family. Over the years, research has shown that, “Studies overwhelmingly favor joint physical custody, showing that kids in shared arrangements tend to have higher self-esteem, fewer emotional issues, and better academic performance than those in sole custody.” In other words, parenting plans that allow the child to spend quality time under the care of each parent tend to benefit from this type of custody arrangement, as both parents take an active role in connecting with and caring for the child. In most cases, the Washington court will seek to approve a parenting plan that supports some form of joint custody. 

However, there are certain situations where joint custody may not protect the best interests of the child, or even endanger the child’s overall safety and welfare. For instance, a parent’s mental health struggles or substance abuse could jeopardize the child’s safety. Any allegations of abuse or neglect against a parent could also prevent them from spending time with their child. While these situations can be harrowing for all parties involved, it’s important to recognize that the court can recommend supervised visitation so that the parent and child can still spend time with one another in a safe and contained environment. Whether you have concerns about the other parent’s behavior or you are working to defend yourself against allegations of neglect or substance abuse leveraged by your ex-spouse, it’s highly recommended that you enlist the guidance of an experienced and dedicated Seattle child custody lawyer who can provide you with the customized support and legal advocacy you need. In this post, we will take a look at Washington custody and visitation rights and some scenarios when supervised visitation may be the best way to protect the best interests of the child. 

When is Supervised Visitation Required in Washington State?

When a parent files a formal request for supervised visitation with the court, the court will then hold a hearing to determine whether this request is warranted. If the judge finds that the other parent threatens the best interests of the child or poses a safety concern, they can issue an order that specifies the terms of the supervised visitation arrangement and allows the parent to spend time with the child without threatening their well-being. Below are just a few situations that can warrant a supervised visitation order in Washington state.

Neglect or Abuse

If one parent has a history of abuse or neglect, the court will consider these factors when determining whether to issue a custody visitation order. Since these allegations are serious, the judge will carefully review the details of the case and may mandate supervised visitation to ensure the child’s safety. However, if your ex is leveraging baseless allegations of abuse against you in order to secure a more favorable parenting plan for themselves, it’s essential that you seek immediate legal counsel to push back against these false allegations. 

Mental Health Issues

If a parent suffers from significant, untreated mental health issues, the court may issue a supervised visitation order to protect the child’s best interests. It’s worth noting that many parents are able to manage their mental health diagnoses, such as anxiety and depression, without them affecting their ability to parent or care for their children. However, severe mental illnesses, such as undiagnosed or untreated schizophrenia, can cause a parent to act erratically and unsafely. In such instances, the court may order supervised visitation to keep the child as safe as possible. 

Substance Abuse

When a parent has a history of abusing alcohol or drugs, the court may seek to prevent the child from spending time in a living environment where they are exposed to these harmful behaviors. A judge may order supervised visitation while the parent is attending substance abuse treatment. Once the parent has demonstrated that they are committed to their recovery and no longer pose a safety threat to their child, the court may restore their custodial rights. 

Understanding Supervised Visitation Rules in Washington State

When the court finds that ordering supervised visitation is the best way to ensure the safety of the child, both parents will want to know how this order will be implemented. It’s worth noting that the court will specify the specific requirements of your situation, as they will be based on the unique nature of your case. As the judge determines the terms of the supervised visitation, they will take into account the severity of the allegations, the child’s needs and best interests, and the perspectives of both parties. Here are a few of the options for supervised visitation that the Washington family court may recommend for your family.

Third-Party Supervision

In cases where there are no serious safety concerns about the parent interacting with the child, the court may recommend a third-party supervised visitation arrangement. Someone who the parents and child already know and trust (i.e.., a grandparent or family friend) can oversee these visits and allow the child to remain in a familiar environment. Although this option is often cheaper and more convenient for the parties involved, it is not ideal for cases where the parent or child needs the assistance of a trained professional during these sessions. 

Professional Supervision

The judge may recommend professional supervision in some cases, where a qualified professional will oversee the visit and look out for the child’s best interests. These trained professionals are able to handle difficult situations and facilitate positive interactions between the child and parent. The professional supervisor may be required to report back to the court, especially when a parent is working toward their sobriety or seeking to have their custodial rights restored. 

Supervision in a Specialized Visitation Center

In cases where there are serious allegations of parental unfitness (i.e., abuse, neglect, substance use disorder, etc.), the court may recommend that the visitation sessions are conducted by a trained professional. These visits typically take place in a neutral location where the non-custodial parent can interact with the child under the supervision of a child visitation professional. This professional will monitor the visit and look out for the child’s best interests. Professional supervision may also be ordered if the judge is concerned about a parent abducting the child.

How Long to Parenting Plans With Supervised Visitation Last?

There is no exact length for a supervised visitation order to remain in effect. Instead, it’s up to the court to determine whether to suspend the supervised visitation order or to keep it in place in order to protect the child’s best interests. For the most part, Washington courts want to encourage parents to work toward the restoration of custodial and nonsupervised visitation rights. If the judge sees that the parent is making progress toward becoming a safe and responsible parent, such as completing a drug treatment program or seeking mental health services, they may consider modifying the terms of the supervised visitation order. Instead of adhering to a “one-size-fits-all” model, supervised visitation determinations unfold differently for every case to ensure that the child’s best interests are prioritized at every step of the process. 

How Do I Stop Supervised Visits if I’ve Complied With Court Orders?

If you are ready to ask the court to reinstate your unsupervised visitation rights, you may file a Petition for Modification to the parenting plan that’s already in place. You will then have the opportunity to show that a substantial change in circumstances has occurred and that this change supports the best interests of your child. For instance, you can include the observations and recommendations from the professional visitation supervisor who can attest to your progress, as well as evidence of your commitment to sobriety after successfully completing a substance abuse treatment program. The court will review this petition carefully, always seeking to protect the child’s best interests while also finding safe opportunities for you to remain an active presence in your child’s life. If you are interested in learning more about family court and supervised visits matters in Washington state, consider enlisting the guidance of a highly qualified and caring Seattle family law attorney today. 

Get Started With a Top Seattle Family Law Firm Today

If you are in the middle of a child custody dispute in Washington state, the highly experienced and dedicated team of family law attorneys at the Hemmat Law Group are ready to help you work towards a successful resolution. Please reach out to our Seattle office today by calling (206) 682-5200 to discuss your concerns with a caring divorce and family law attorney.