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In re J.D.R., 239 N.C. App. 63 (2015)

Held:

Remanded

G.S. 7B-905.1 requires the court to “specify the minimum frequency and length of the visit and whether the visits shall be supervised.” Although the court ordered supervised visitation at set times (9 a.m. – 5 p.m. three Saturdays a month and a minimum of 4 hours on Mother’s Day, Christmas Eve or Day, Easter day or the day before or after, and Thanksgiving or the day before or after), other parts of the visitation schedule did not comply with G.S. 7B-905.1. A court cannot delegate its judicial function of awarding visitation to the child’s custodian, such as allowing the father to determine if the mother has lunch with the child at school and if the mother complies with the court’s order for conditional expansions of her visitation rights (e.g. complete drug treatment and have negative drug tests to move toward unsupervised visits from Friday afterschool until Sunday at 5:00 p.m., divide school holidays, and two weeks in the summer).

Category:

Abuse, Neglect, Dependency

Stage:

Visitation

Topic:

Order

Tags:

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7B-905.1