Virtual Visitation a Viable Option in New York Custody Cases
In the past, face-to-face meetings were the only type of parenting time available, but now parents who live far away are able to supplement traditional, in-person interaction with their children thru the use of virtual visitation tools, like Skype.
ALBANY, NY, October 01, 2012
As technology improves communication, it affects our lives. This better technology and improved ease of use is even influencing child custody cases, as evidenced by the increase in virtual visitation rights granted to noncustodial parents.Virtual visitation is a way for parents to interact with their children through utilities like Skype or other Internet-based visual media. In the past, face-to-face meetings were the only type of parenting time available; but now parents are using technology more and more to supplement traditional, in-person interaction with their children.
The virtual visitation phenomena began in 2008 when a New York judge granted a noncustodial father rights to see his children through means of the Internet. The custodial mother left the state in hopes of finding work elsewhere, and wanted to take her children with her. To accommodate her need to find work in another state and still afford the father the right to see his children, the judge chose to grant the first instance of virtual visitation as means of visitation.
The virtual visitation trend has expanded since 2008. Several states now formally accept it as a legitimate means of visitation, and others are considering it. In states like Utah, Florida and Texas, virtual visitation has become a viable option, though details on virtual visitation approval and the scheduling of such visitation varies from state to state. It is clear that technology has made this type of communication easier and more commonly accepted across the country.
Divorce and child custody issues are rarely easy for families to tackle, but virtual visitation is allowing for expanded options. It provides an option for families to supplement valuable time spent between a parent and the child. In addition, given the difficult financial times many people are experiencing across the country and here in New York, it can be a way to lessen financial burden to parents. As in the example of the woman who left the state to seek work, the father was still able to interact with his children while the mother moved somewhere where she could have an opportunity to improve her financial situation.
Virtual visitation is not a complete replacement for face-to-face interaction between parent and child, but for many parents dealing with a custody situation, it can be one way to maintain or even increase interactions with a child and improve their relationships.
Colwell, Colwell & Petroccione, LLP
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