Staying connected from a distance: Navigating virtual visitation rights

Keep your connection with your kids with online calls.

Woman and son on Zoom call

What's Inside

What's Inside

Virtual visitation is a topic that comes up more frequently in family law cases, especially since the 2020 pandemic made it difficult for separated families to see one another. It refers to using video calls, social media, and other digital means to enable contact between a parent who doesn’t have custody and their child. This modern approach can be a game-changer in scenarios where physical distance makes regular in-person visits challenging, but it comes with its own set of challenges too.

What virtual visitation entails

Virtual visitation allows parents to maintain a consistent and meaningful presence in their children’s lives, no matter where they are physically. Common methods of online visitation include video calls via platforms like Zoom or Skype, SMS messaging, email, and social media. 

On the legal front, a number of states have incorporated virtual visitation into their family law statutes, recognizing it as a legitimate form of child-parent interaction. Courts often consider it as a supplement, not a replacement, for physical visitation. In Texas, for example, the Texas Family Code Section 153.015 makes provision for e-visitation or e-access when it aligns with the best interests of the child. A number of other states such as Florida, Indiana, and North Carolina have also passed laws allowing virtual visitation. 

The legal framework governing virtual visitation varies by state, so it’s essential to be familiar with the specific laws in your jurisdiction.

How virtual visitation can benefit you and your child

When you’re not able to be with your child physically, virtual visitation can help you maintain your emotional connection, allowing you to be part of everyday activities like bedtime stories or homework help. It also reduces the physical and financial strains of traveling for parents whose kids live far away. 

But while beneficial, virtual visitation does have its challenges. Ensuring privacy and avoiding coercion during calls is a little tougher nowadays, when kids can Facetime their non-custodial parent right from their mobile devices. Additionally, dealing with technical issues, and navigating time zone differences are common problems in this arena, as is ensuring that communication is age-appropriate and aligns with the child’s comfort and interest.

How to handle virtual visitation

Knowing the benefits of virtual visitation and putting it into practice are pretty different. Here are a few tips to help you do it:

  • Create a consistent schedule: Establish regular times for virtual visits to create consistency and reliability.
  • Ensure quality interaction: Focus on engaging activities like reading a book, playing an online game, or simply having a meaningful conversation.
  • Respect privacy: Both parents should respect the child’s privacy during virtual visits, avoiding any form of eavesdropping or interference.
  • Be flexible: Be willing to adjust schedules for special occasions or when unexpected circumstances arise.
  • Have a positive attitude: Encourage a positive outlook towards virtual visitation, so that your child knows it’s a good thing. 

Make sure your child’s interests come first

Virtual visitation means a significant shift in how we see parent-child relationships after a divorce. By embracing technology, you as a parent can overcome geographical barriers, so that the physical distance doesn’t necessarily translate into emotional distance. 

As this form of visitation becomes more commonplace, it’s crucial that you navigate it thoughtfully, keeping your child’s best interests at heart. While it’s not a perfect solution, it’s a valuable tool for maintaining strong familial bonds in our increasingly digital world.

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Disclaimer: This article is provided as general information, not legal advice, and may not reflect the current laws in your state. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state.

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