Often, yes, as long as your choice fits what the court order allows. The order is the first thing to read. It may name a specific provider or agency, require a professional provider, allow a relative or friend, or say the parents must agree on who supervises. Your state's law can add rules on top of that, especially in domestic violence cases.
Step 1: Read what your order says
If the order names a provider or agency, use that provider. Changing usually takes the other parent's written agreement approved by the court, or a new order.
If the order requires a "professional" supervisor, you can choose any provider who meets the requirements. In California, for example, professional providers must meet the qualifications in Family Code § 3200.5 and file form FL-324(P) with the court.
If the order says the parents must agree, talk it through directly or through your attorneys, and put the agreement in writing. If you can't agree, ask the court to decide.
If the order allows a relative or friend, the person you choose still has to meet any conditions the order or your state sets.
If the order doesn't say, ask your attorney or the court's self help center before you arrange visits. Starting with someone the other parent can later object to wastes time.
Step 2: Know your state's rules
States handle the choice of supervisor differently. A few examples:
- New York: the courts explain that a supervisor can come from an agency or be someone both parents agree on.
- Washington: when the court limits a parent to supervised contact, a professional supervisor is presumed. A lay supervisor is allowed only on specific findings, for example when professional supervision isn't available or affordable.
- Pennsylvania: where there's ongoing risk of abuse, courts favor professional supervision. A nonprofessional supervisor is allowed only if a professional isn't available or affordable, and must sign an affidavit of accountability.
- Arizona: in domestic violence cases, the court may choose an agency or a layperson to supervise, but never the victim.
- Louisiana: in family violence cases, the supervisor cannot be a relative, friend, therapist or associate of the parent who committed the violence.
- Maine: a family member who supervises in an abuse case must be physically and mentally capable and have no criminal or abuse history.
- Minnesota: either parent may challenge whether a chosen supervisor is appropriate.
- California: a nonprofessional provider files form FL-324(NP) and must meet its conditions.
See what your state says in our state guides.
Step 3: Professional or relative?
A relative or friend can be free and familiar to the child. But they may not stay neutral, they may be pulled into the conflict, and their notes may carry less weight with the court. A professional provider is neutral, trained to handle problems during visits, and writes reports judges and attorneys are used to reading. Many families use a professional first and ask the court to allow a relative later, once visits are going well.
Step 4: Choosing a professional provider
Ask each provider:
- How long have you supervised visits, and what training do you have?
- Do you meet the requirements in my court order and my state?
- Where do visits happen, and are you available on the days we need?
- What do you charge, including intake, reports and cancellations?
- What do your reports look like, and who receives them?
- How do you handle a parent who breaks a rule?
- Have you worked with families in cases like ours, such as domestic violence or reunification?
Choose someone the other parent can't reasonably object to. A provider with no personal connection to either family is the safest choice.
Common situations
"My mother already watches the kids. Can she supervise?" Only if the order allows a nonprofessional supervisor and she meets any conditions. In some states and some cases she can't: Louisiana bars relatives and friends of a parent who committed family violence from supervising in those cases, and Arizona never allows the victim to supervise.
"The provider the court named has a long waitlist." Ask the provider for their earliest date and whether they can refer you to another provider who meets the order. If the delay is long, your attorney can ask the court to allow an alternative.
"We live in different counties." Choose a provider whose service area covers a neutral location that works for both households, or one who offers virtual visits if the order allows them.
"The other parent chose someone I don't trust." Raise your concern in writing and suggest two or three neutral professionals. If you can't agree, the court decides. Minnesota law, for example, expressly lets either parent challenge whether a chosen supervisor is appropriate.
"Can we switch providers later?" Usually yes, if the new provider meets the order and both parents agree or the court approves. Ask the first provider to send their reports to the new one so the record continues.
When the other parent objects
If the other parent objects to your choice, try to agree on an alternative from a short list. If you can't, ask the court to choose. Don't start visits with a provider the order doesn't allow; those visits may not count.
Find a provider
On MyVisitLink you can compare providers near you, see their rates and services, and book online. Always confirm a provider meets what your court order requires. Find a provider.
Sources
- California Family Code § 3200.5
- Judicial Council forms FL-324(P) and FL-324(NP)
- NY Courts: Types of visitation
- RCW 26.09.191
- 23 Pa.C.S. § 5323
- A.R.S. § 25-403.03
- La. R.S. 9:362
- 19-A M.R.S. § 1653
- Minn. Stat. § 518.175
This article is general information, not legal advice. Laws and court rules change and differ by state and county. Confirm what applies to you with the court or a licensed attorney in your state.