Sociologists and child psychologists believe that both parents should participate in their child’s upbringing. This participation includes spending time with their children, although courts do not necessarily mandate equal time with each parent.
However, parents are not always able to be physically present with their children. When the circumstances prevent children from spending time visiting or living with a parent, a court can order virtual visitation to ensure the parent can maintain the bond with their child.
What Is Virtual Visitation?
Virtual visitation happens when a parent and child communicate using video calling technology such as FaceTime, Zoom, Messenger, or other software applications. Parents can use these visits when they are unable to provide in-person parenting time for reasons such as:
- Geographic distance
- Unstable living situation or homelessness
- Incarceration or mental health commitment
Virtual visitation can also happen when in-person visitation is merely difficult, but not impossible. Thus, a parent might choose virtual visits when they live so far away that driving to pick up or drop off the child would be impractical or cause financial hardships.
Can a Court Order Virtual Visitation?
Courts often rely on the parents to propose a parenting plan before entering a custody order. If the parents can agree on a parenting plan, the court will usually accept it. When the parents disagree, the court must review each proposed plan and try to arrive at a plan that serves the child’s best interests and the parents’ abilities.
Ideally, the parents will agree on a parenting plan that includes virtual visits. Specifically, the parents will acknowledge that certain circumstances, like military deployment, might prevent a parent from providing in-person parenting time and that virtual visits will act as a substitute.
If the parents disagree, the parent seeking virtual visits will explain why those visits serve the child’s interests.
For example, one parent might seek virtual visits so their child can avoid visiting the other parent in prison. The incarcerated parent might oppose virtual visits and ask for in-person visits. The court will weigh the competing arguments and determine whether virtual visits are appropriate.
When a court orders virtual visits, they will often supplement in-person visits rather than replace them. Thus, a parent who lives too far away for weekend visits might still get in-person visits during longer school holidays like spring break and summer break, while virtual visits on the weekend ensure the parent and child have weekly parenting time.
When seeking virtual visits, the parents should agree on the following:
- Frequency
- Duration
- Software platform
If the parents cannot agree, the parent seeking virtual visits should include these details in their proposed parenting plan. If the custody order fails to specify these characteristics of the virtual visits, the other parent might interfere with the video calls.
Contact Gucciardo Family Law for Help With Your Virtual Visits
Connecting with your child is important for their development. Moreover, it is your legal right in most cases. Contact us to discuss your custody situation and how we can help you fight for virtual visits with your child.
