Attorney
During a divorce, when so many aspects of a child’s family life are in flux, it can be helpful to find ways for them to spend quality time with both parents. But if your child’s other parent isn’t acting in good faith, you are going to have to make some hard choices. One of those may be limiting the time your child spends with their other parent, or asking the court to order that all visitation with their other parent be supervised.
This sounds harsh, but sometimes limited or supervised visitation may be the best way to protect your child while still allowing them to have a relationship with both parents. If this is something you are interested in exploring, read on. Attorney Bob Matteucci has a lot of experience helping Albuquerque area families navigate this contentious topic.
What Is Supervised Visitation?
Supervised visitation is exactly what it sounds like: visitation time that is supervised. But let’s break it down.
Visitation is the time a non-custodial parent has physical custody of their child. The time they get to spend together without the other parent around.
When it is not in a child’s best interest for them to spend alone time with their parent, for whatever reason, a court can order that all visitation be supervised by a neutral third party. The goal is to allow the parent-child relationship to continue in a safe, structured environment.
Supervised visitation can take place at a licensed visitation center, in the presence of a professional supervisor, or sometimes with a mutually agreed-upon friend or family member. The specific terms are usually ordered by a judge and tailored to the unique concerns of the case.
When Is Supervised Visitation Appropriate?
New Mexico law prefers that both parents spend a significant amount of time with their child. And the reasons behind this are important: the state wants parents to take responsibility for their children, and wants children to grow into well-adjusted adults who are prepared to start their own families and live fulfilling lives in the Land of Enchantment.
But there comes a point when forcing children to spend time with a parent is not in that child’s best interest. In those cases, the court will put the best interest of the child first, and its preference that both parents have a relationship with their child last.
Before completely severing the link between a parent-child, the court may suggest trying supervised visitation. In the Albuquerque area, this often occurs in cases where there are concerns about:
- Domestic violence or abuse
- Substance abuse
- Untreated mental health issues
- Child neglect or endangerment
- Reintroduction after long absence from the child’s life, or
- Threats of abduction or instability.
These are the most common reasons why a court will order supervised visitation, but they are not the only ones. Child custody agreements are as varied as the families who need to craft them.
How to Get an Order For Supervised Visitation
Supervised visitation is usually ordered by the court during a custody hearing or divorce proceeding, either:
- Temporarily, as part of an interim custody arrangement while more facts are gathered, or
- Permanently, if the court finds ongoing risk or instability.
You can request supervised visitation by filing a stand-alone motion with the court, or during your divorce or child custody case.
In order to persuade the court that supervised visitation is appropriate, you may need to provide evidence of your concerns, such as police reports, medical records, text messages, or witness statements.
Alternatives to Supervised Visitation
Supervised visitation isn’t the only option for parents who are concerned about the time their child is spending with their other parent. In cases where the risks are lower but trust is lacking, these alternatives may be considered:
- Therapeutic Visitation – Visits are supervised by a licensed therapist who can provide feedback to the court and help rebuild the parent-child relationship in a supportive environment.
- Monitored Exchanges – Instead of supervising the visit itself, a third party oversees the hand-off of the child to reduce conflict during pickups and drop-offs.
- Gradual Reunification Plans – Courts can order a step-by-step parenting plan where visitation gradually increases as the parent meets specific goals (e.g., completing a substance abuse program or parenting classes).
- Parenting Coordinators – In high-conflict cases, a neutral professional can help both parties implement and adjust the parenting plan, making recommendations to the court if needed.
The court may also impose specific conditions on visitation (e.g., no overnight stays, no alcohol use before visits) to reduce risk without requiring full supervision.
Serving Families with Dignity & Compassion
If you’re the kind of parent who wants to settle things privately, quickly, and with as little emotional upheaval as possible, asking for supervised visitation may make you uncomfortable. But in some cases, it’s the most responsible thing you can do.
Protecting your child by asking for appropriate safeguards is part of being the adult in the room—especially when the other parent isn’t willing or able to do the same.
At Matteucci Family Law, we understand how delicate these situations can be. We help Albuquerque area parents navigate custody issues with clarity, compassion, and discretion. Please contact us today to discuss your case.