Custody and Virtual Visitation
Virtual Visitation - Telephone, Video Calls, Texts, and E-mails
What is Virtual Visitation?
Virtual visitation is communication between a parent and child through phone calls, video calls, text messages, email, or another electronic platform. Custody with virtual visitation can help families maintain regular contact when children are staying with the other parent or when distance makes frequent in-person visits difficult.
An important aspect of visitation is not only when you will see your children but also when you will be able to speak to them during the times in which your former spouse has parenting time. In the past, this concern was addressed solely through telephone visitation. With the advancements in technology, however, parents and children may now also communicate via text, email, video chat, and other evolving platforms.
Are Phone Calls Considered Visitation?
Parents often ask, "Are phone calls considered visitation?" Phone calls and other electronic communication may be described as virtual visitation, but they generally supplement rather than replace in-person parenting time. The terms of the applicable custody order or parenting plan determine each parent's rights and responsibilities.
Experience has taught us that these virtual visitation options can be a source of conflict, especially if they are not discussed ahead of time. Some parents are reluctant to share any of their parenting time with the other parent. Others abuse this privilege by monopolizing a child's time during the other parent's parenting time. Others have no problem allowing their children to communicate with the other parent at any time , but those feelings may change over time. Accordingly, it is prudent to add clauses to allow for and define, this communication.
Virtual Visitation Guidelines for Parenting Plans
Effective virtual visitation guidelines should be specific enough to prevent misunderstandings while remaining flexible enough to meet the child's needs. Parenting plans may address:
- The days and times when communication may occur;
- Reasonable call lengths based on the child's age and schedule;
- The parent responsible for providing access to a cell phone or device;
- Privacy during conversations with the other parent; and
- Procedures for missed calls, technical problems, or schedule changes.
Any arrangement should support the parent-child relationship and remain focused on the child's best interests. The custodial parent should provide reasonable access while protecting meals, homework, sleep, activities, and in-person family time.