Under what conditions is supervised visitation enforced?

UPDATED: Sep 5, 2011

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Under what conditions is supervised visitation enforced?

Custody filed in VA; husband now in OR; I’m in UT. Husband in and out of hospital for alcohol abuse. He called last night asking if I would be his emergency contact so his folks would not know he is drinking again. I feel daughter not safe with him. Can I request supervised visitation? He is also on anti-depressants and anti-anxiety pills. Has pancreatitis and has been told by doctors he will die if he continues to drink.

Asked on September 5, 2011 under Family Law, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  I think what you mean here is what is the criteria for the court to issue a supervised visitation order.  If there is already one in place then it would be enforced in any state once it is filed properly within the new state. But here is another question: has there already been an order of custody issued?  Becuase a court  an not determine the issue of custody unless the child resides and is present in the state in which the petition is filed.  So if there has not been one issued you need to refile one in Utah.  And if your husband is as unstable as you say here I think the court will agree with you on supervised visits for your daughter.  Get legal help.  Good luck. 

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