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What Does it Mean for Visitation to be at the Mother's Discretion

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  • 02-01-2017, 12:03 AM
    lawfacts
    What Does it Mean for Visitation to be at the Mother's Discretion
    If a custody order says that visitation is to be supervised by the mother and is to be at the mother's discretion, does that mean that the mother has the exclusive right to choose whether, when and where visitation is to occur? The father is objecting to the fact that the mother would not agree to transport the child for visitation at a time and location of his choice, when she would not be able to supervise, and that she wouldn't leave the child with a supervisor she didn't know.
  • 02-01-2017, 08:59 AM
    Mr. Knowitall
    Re: What Does it Mean for Visitation to be at the Mother's Discretion
    Absent something else in the judgment that imposes additional duties on the mother, if the order says that she is to supervise then she has no obligation to let anybody else be the supervisor, and if the order says that visitation is at her discretion, then she has the right to determine whether any visitation occurs at all -- and can define a reasonable time and place for any visitation that she allows.

    If the mother is accused of unreasonably denying visitation, the court may amend its order to allow for such things as additional supervisors, a schedule for when visitation occurs, or other measures that better assure that the father will have some access within the parameters of what the court deems reasonable. But when a court finds supervision of parenting time to be necessary, it's not unreasonable for the mother to decline to allow a stranger chosen by the father to be the supervisor.
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