Virtual Visitation Allows Long-Distance Visitation Rights

July 01, 2011

Virtual Visitation Allows Long-Distance Visitation Rights

Whenever possible, judges like to keep families in the same geographical area after a divorce, so that children have the opportunity to see both parents on a regular basis. This is why a custodial parent must petition the court before moving long distances away, as that would uproot the children and prevent the non-custodial parent from visiting as often. However, current difficult economic times are sometimes forcing families to move. Whether to get a job with health benefits on the other side of the country, or to move in with relatives in another city to cut costs, sometimes a move may be in the best interests of the child. In such circumstances, judges are turning to a growing trend, virtual visitation, which allows the non-custodial parent to interact with his or her children.

Virtual visitation, sometimes known as computer visitation or Internet visitation, uses Internet technology, such as Skype, as a way for the parent and child to connect in a meaningful way while living apart. The reasoning is that through online video chats, Internet games and other social media, the parent and child can communicate in a way that is more substantial than an old-fashioned phone.

Not a Substitute for Regular Visitation

Virtual visitation attempts to mimic traditional visitation rights as much as possible. Like traditional visitation, virtual visitation allows scheduled, exclusive time the non-custodial parent can spend with his or her child.

A growing number of states have passed laws specifically enabling judges to award virtual visitation rights. Such legislation usually includes a provision stating virtual visitation is meant to enhance visitation rights, not to replace in-person visitation.

Legitimate Concerns Remain Regarding Virtual Visitation

Despite the stated intent by most courts and state laws, some worry that virtual visitation makes it easier for a judge to let the custodial parent move farther away more frequently, to the detriment of the other parent's relationship to the child. Additionally, for those not particularly tech-savvy Internet visitation may not be feasible. Finally, it may be difficult to communicate through social media sites like Facebook as the child ages and desires more independence online.

If you are contemplating a divorce, contact an experienced family law attorney in your area. A lawyer can help you to protect your rights regarding visitation or help you to obtain physical custody of your child.

Article provided by Andrew H.P. Norton
Visit us at http://www.anortonlaw.com