Q: In California, my spouse was granted custody and I was granted supervised visitation. Can I see my child otherwise?
There is no order prohibiting contact with my child, etc. So for example, if I were to run across my child in a public place, could I stop and chat, even though the conversation was outside my supervised visiting hours? Could I have lunch with my child at school, even though no professional supervisor was present? Could I have a telephone call with my child? Could my spouse permit additional visitation without supervision on a case-by-case basis?
As I read the order, it appears that supervision is a restriction on the grant of visitation rights upon me. It does not appear that supervision is a condition of me having contact with the child. Is that a plausible reading of typical orders made in these cases?
A:
I understand you want to spend more time with your child, but in a custody case where the court has ordered supervised visitation, any contact with your child outside of those scheduled supervised visits would likely be seen as a violation of the court order, even if the order doesn't explicitly prohibit other contact. The supervision requirement is generally considered a condition of visitation, not just a restriction.
Interacting with your child in public, visiting them at school, or having unsupervised phone calls would go against the spirit and intent of the supervised visitation order. The other parent allowing extra visits on a case-by-case basis without the court's permission could also be problematic.
It's best to adhere closely to the visitation schedule and conditions set by the court. If you want the arrangement modified, for example to allow for unsupervised visits, the proper approach is to go back to court and request a modification of the order. Violating the supervision requirement, even with the other parent's consent, could hurt your chances of getting more visitation rights later.
I would strongly advise you to consult with your lawyer about the specific terms of your court order and get guidance on what is and isn't allowed. Trying to find loopholes is risky and could backfire. Focus on following the rules, demonstrating that you're a responsible parent during your supervised visits, and working through the proper legal channels if you want the arrangement changed. The court's top priority is your child's wellbeing and safety.
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