During a divorce or child custody proceeding, a court will usually grant the non-custodial parent visitation rights over their child. In general, child visitation rights are a form of parental rights that enable a noncustodial parent to spend time with their child. The time they spend with their child must be scheduled in advance and approved by a court order.
Similar to child visitation rights, virtual child visitation is a new type of parental right that allows a noncustodial parent to “visit” their child through virtual channels. In general, virtual visitations require a noncustodial parent to use some kind of technology to communicate with their child when they are not able to visit them in person. For instance, if the custodial parent moves to a new city or state with their child.
Virtual visitation, also known as e-access or e-visitation, can be accomplished using video chat applications, such as Zoom or Skype. Some other technologies that a noncustodial parent may utilize to virtually visit their child include the following:
- Using instant messaging systems via different social media platforms
- Communicating by email or through text messages
- Calling them on a landline or a cellphone
Since the global pandemic, virtual visitation is rapidly becoming a popular option for parents to negotiate for in child custody and child visitation proceedings. Not only does virtual visitation allow noncustodial parents to maintain frequent contact with their children, but it offers a huge benefit to parents who are separated and live in or want to relocate to another state. Virtual visitation offers separated parents a partial solution to the physical visitation issue.
Another benefit that virtual visitations can provide is that it can be used to prevent or avoid future disputes from occurring between parents who do not get along with one another, while still making it possible for a child to spend time “visiting” with a noncustodial parent. Additionally, if any issues should arise in the future, emails, text messages, and other virtual methods offer an easy way to preserve evidence of interactions between a child and a parent.
Finally, if a court does grant a noncustodial parent virtual visitation rights over their child, the custodial parent will be required to give the noncustodial parent their child’s virtual contact information like their screen name or email address. The parents must notify one another in the event that any of their child’s contact information should change. Both parents must also agree to respect each other’s privacy in regard to such communications.
In addition, a custodial parent is not permitted to interfere with virtual visitation sessions between the noncustodial parent and their child. If a need should arise, the parents should email one another as to when a new time for a virtual visit must be scheduled.
In some cases, a court may even prescribe exact times or general time slots as to when it may be appropriate to schedule a virtual visitation session. This helps to establish boundaries between all parties involved in the arrangement.
As this is a relatively newly developing area of law in the realm of child visitation, it may be subject to frequent updates as technology and child visitation laws continue to change. In addition, it may be subject to change or adjustment in the future with changes in presidential administrations.
When Is Virtual Visitation an Option, and When Is It Not?
The best way to find out if the option of virtual child visitation is available to a parent or not is by reviewing the state laws that are pertinent to this specific issue. In searching for the relevant laws, it is important to keep in mind that not every state recognizes this form of child visitation yet. If the laws in a parent’s state are unclear, then they should consider consulting a local family law attorney for further legal advice.
Alternatively, a parent may also ask the judge who is presiding over their child custody case if they would consider granting them virtual visitation rights as an option, and if so, to include it as part of their child visitation schedule. It should be noted that this may require hiring a lawyer to either draft such an agreement or to request that a parent’s current child custody or visitation order be modified by the court.
Some states that have already passed laws that permit the family law courts in their respective states to issue orders that allow for virtual visitations in child custody proceedings include the following:
- Utah
- Texas
- Florida
- Illinois
- Wisconsin
- North Carolina
In addition, some states may allow parents to insert a virtual visitation provision as part of their child visitation schedule or child custody agreement even if their state has not passed a virtual visitation or similar statute yet.
For instance, the State of Colorado allows judges to include the option of virtual visitation for parents in a child custody order. Parents in Colorado may also agree to allow one another to hold virtual child visitation sessions without such a court order.
Parents who are considering the option to visit their children using virtual means should also know that it is not intended to completely replace traditional child visitation standards. As a brief refresher, traditional child visitation standards refer to a noncustodial parent’s right to spend time with their child in person. In other words, virtual visitation rights are meant to supplement traditional child visitation rights and, thus, should not be treated as a substitute.
The following is a list that provides the most common situations in which a parent’s right to visit their child virtually will likely be approved by a court, such as when:
- The Circumstances Warrant Increased Contact: Virtual visitation can offer both a safe and effective way to encourage increased contact between a noncustodial parent and their child. This option may prove to be beneficial in cases where the relationship between a parent and their child is strained or nonexistent.
- It can also provide advantages in certain situations, such as when a child feels as if a noncustodial parent is not an active part of their current life or would like to have the option to communicate with them more often when they are not around.
- It Comports With the Child’s Best Interest Standard: As with any other issue involving child custody or child visitation rights, the court must base its decision on whether it would be in the child’s best interest.
- Thus, a court will also be required to apply this standard when it is determining whether to grant a parent virtual visitation rights over their child.
- Additionally, this will also be the deciding factor when it comes time for a court to issue its final child custody or visitation order.
- The Noncustodial Parent and the Child Live in Different States: Since the pandemic has made it more difficult to travel between states, this reason is becoming one of the more frequently cited options to allow for virtual child visitation in child custody cases.
- For instance, if a noncustodial parent resides in a separate state or country from their child, then virtual visitation offers a way to increase contact between the two parties. It also helps families to reduce travel expenses and other costs related to child visitation.
On the other hand, virtual child visitation will most likely not be permitted if a judge finds that it might present a danger or threat to the well-being of a child. An example of such a scenario would be when a noncustodial parent has a proven history of abuse or has been involved in illegal activities.
A judge may also deny a parent’s right to virtual child visitation if the custodial parent can prove that the noncustodial parent is using virtual visitation sessions to control or exert influence over their child. Additionally, a judge may withhold the right to virtual visitations from a noncustodial parent if they have a history of sexual abuse, violent tendencies towards, or are stalking the child or the child’s custodial parent.
Unlike visiting a child in person, virtual visitation presents the issue of little or no capacity for a third party to supervise the session. Thus, this can make it difficult for parents to obtain these rights in states that do not formally recognize this option of child visitation.
Therefore, parents who are seeking to gain virtual child visitation rights should consider contacting a local child visitation lawyer for further legal assistance. A lawyer can also explain other types of custody arrangements, including bird nest custody and how virtual visitation rights may be included in a digital parenting plan.
What Is Bird Nest Custody?
Bird nest custody is a type of shared parenting arrangement that arises when a separated or divorcing parent’s child or children stay full-time in the family home while the parents take turns staying in the home with them. The term comes from the process that birds use to build them home, lay their eggs, and how both parents go back and forth from the nest to raise the young.
When this custody schedule is used, during the time the parent is not staying in the family home with the children, they reside in their own separate home. A bird nesting parenting arrangement may make it easier for children to adjust to their parent’s separation or divorce because, for a time, they do not have to go between two separate new homes.
Bird nest custody is usually a short-term custody arrangement that is used while the children are adjusting to their new lives. It may be used in conjunction with other digital and virtual forms of child visitation.
What Are Some Advantages and Disadvantages of Bird’s Nesting Custody?
Bird nest custody comes with both advantages and disadvantages for both the children and parents involved.
Advantages
The bird nest arrangement may reduce disruption and stress for the children because they can keep the routines, schools, and rooms they are used to while the divorce is being handled. This arrangement can also provide stability by allowing them to stay in the environment they are familiar with for a time.
This form of custody can give the children an emotional buffer, or time to process their parents’ separation before they have to adjust to living in more than one new home. The parents also have time to decide on the new long-term living arrangements of their family.
Disadvantages
Bird nesting often means the parents have to cooperate extensively, which is not always possible during times of separation or divorce. It also means that the parties will have to maintain up to three separate places to live, which can be costly.
There may be conflicts when the parents have to share a living space, for example, completing chores and other issues related to maintaining the home. This type of living arrangement can result in mixed signals for the children as well, who may perceive there is a chance their parents will reconcile.
How Can I Get a Bird Nest Custody Arrangement Approved?
To get a bird nest custody arrangement approved, parents will need to submit a written parenting plan to the proper family court showing that the arrangement is in the child’s best interests. Most courts will not order this type of arrangement as a matter of ordinary practice but will approve a request if both parents agree.
The agreement should outline issues such as parenting time guidelines, including the days each parent will reside in the home, the times custody will swap, and how those swaps will occur. The agreement should also cover costs and maintenance for the shared family residence.
Many of these agreements also include a time at which the arrangement will end, as they are usually intended to be temporary or short-term. The custody arrangement can end either at the specified time in the agreement or a party can request a modification with the court. The parents can also submit a new agreement to the court changing custody terms for approval.
What Is a Digital Parenting Plan?
Digital parenting plans are agreements that outline rules for children’s use of technology. These plans can cover issues including online communication, social media use, and screen time limits.
Digital parenting plans are being used more in shared parenting situations and co-parenting agreements and may be included in legal custody orders to help minimize family conflict. These plans can help make sure there is consistency when children are residing in two different homes and are with different parents at different times.
These plans can cover any issue that a parent thinks should be included, although there are some common issues that are often covered, which will be discussed below.
Screen Time and Content Rules
A digital parenting plan can include content rules as well as screen time limits for children. This can include device-free zones, daily screen time limits, and age-appropriate app or game rating limits.
Social Media and Safety Protocols
Implementing safety protocols in a digital parenting plan can help keep children safe online, especially on social media platforms. Parents can set age milestones for when children can create profiles as well as give guidelines for privacy settings and online behavior.
Device Ownership and Costs
The cost of the technology itself can be an important aspect of a digital parenting plan. A parent can allocate financial responsibility for purchasing phones, subscription costs, and gaming systems.
Virtual Visitation and Communication
Parenting plans can address rules regarding how a child can communicate with their co-parent virtually. This may include creating a schedule as well as platform preferences, for example FaceTime, as well as rules for video calls or messaging.
There can be some legal issues related to digital parenting plans, such as courts being reluctant to enforce day-to-day rules unless it threatens a child’s welfare, disputes regarding privacy and surveillance, such as AirTags for tracking, and disagreements about posting content online. Parents may also have issues if one parent purchases a piece of technology or allows access without getting permission from the other parent.
What Are Co-Parenting Apps and How Do They Help?
There are applications designed to help parents with co-parenting during the separation or divorce process, which can help them with numerous aspects of communication and other issues, such as:
- Shared calendars that can track custody schedules, appointments, events, holidays, and any important dates
- Expense trackers to log child-related costs, make financial reimbursement requests, and upload documents or receipts
- Secure messaging to send messages that cannot be edited or deleted
- Information storage for information about the child, such as medical records, school contacts, and insurance cards
The information that is provided and logged in these apps may be used in court. This can be helpful if a future dispute arises or if a party needs to submit evidence.
Do I Need an Attorney for Help With Virtual Visitation?
The right to virtual child visitation is a relatively new development in the field of family law, particularly in the area that governs child visitation and custody proceedings. As such, the option of virtual child visitation may not yet be available in every state.
Being able to obtain these parental rights may be important to persons who are dealing with long-distance parent-child relationships. The option to visit a child through virtual channels may also be crucial for families wherein the parents of a child do not have an amicable relationship with one another.
Thus, if you are a parent who is attempting to obtain virtual child visitation rights, then it may be in your best interest to consult with a local child visitation lawyer for further legal guidance. An experienced child visitation lawyer will be able to assist you in proving your eligibility and in establishing your right to virtual child visitation.
Your lawyer can also help you with negotiating a virtual child visitation arrangement as well as with drafting any related virtual child visitation legal documents like a contract. In addition, your lawyer can modify any pre-existing child visitation agreements and can make sure that any documents associated with your child visitation or custody arrangements include virtual visitation rights moving forward.
Finally, if you need to renegotiate any terms of your virtual child visitation agreement, your lawyer will also be able to provide representation in court or at any future legal meetings related to your matter.
