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A mother and son on a laptop in a virtual visitation call

Custody and Virtual Visitation

Virtual Visitation - Telephone, Video Calls, Texts, and E-mails

A young girl on a virtual visitation call

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.

Practice Pointer

Consider putting a clause in your settlement agreement addressing telephone, email, and other virtual visitation options. Such provisions may address how often, how long and at what times these communications between the parent and child will be appropriate. Additionally, consider addressing issues such as privacy while the children are speaking to the other parent.

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.

Virtual Visitation Methods

Telephone

Email

Texting

Video Calls

Telephone

Consider limits regarding the number of calls permitted per day, the length of the calls, and a specific time for a call to provide a routine schedule for the child to anticipate, such as a goodnight call to ease a child's
transitions between households. Child custody and phone calls can become a source of conflict when expectations are unclear, so consistency and reasonable boundaries are important.

Email

Email can be an excellent way for parents and children to send information back and forth, such as schoolwork that a child is particularly proud to display. The advantage of email is that it allows the parents and children to communicate at any time of day, which can be especially helpful with busy children's extracurricular schedules.

Texting

Texting can be a handy mode of communication, particularly with teenagers. If you have children who are always on the go and do not take time to pick up their phones, send a quick text just to let them know you are thinking about them. Even if they do not respond, you may put a smile on their face on a day that they would otherwise not have time to stop and think about you.

Video Calls

Although the options keep evolving from Skype to FaceTime and Zoom, the concept remains the same. These modern options enable the parent and child to see each other, which can be especially important when physical visitation is for long blocks of time, such as summer vacation and school holidays. Additionally, this form of communication allows children to show the parent schoolwork, projects, and other items related to their life, rather than just describing them. The most appropriate method should reflect the interests of the child, the child's age, and the family's circumstances.

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