Virtual Visitation and Why It Matters

As technology makes the possibility of virtual meetings more prevalent and the COVID-19 pandemic continues to affect how and where people gather and see one another, virtual visitation is becoming an increasingly effective way for parents to see their kids. Virtual visitation allows the non-custodial parent to meet with their children virtually through the use of video applications like Skype, Whatsapp, instant messaging, FaceTime, and other tools. If you have questions about how virtual visitation works, you should contact an Irvine visitation lawyer today to learn more. 

Why Is Virtual Visitation Becoming More Popular?

Virtual visitation makes frequent face-to-face contact easier for busy parents who do not live near their children. That’s become especially true during the COVID-19 pandemic, which grounded much domestic and international travel and urged Americans to stay home. Aside from being a useful tool for parents who live far away and have difficult schedules, virtual visitation is a great way to maintain constant contact with your kids when the relationship with your former spouse remains frayed. Imagine being able to see your children more often without worrying about also dealing with your ex! 

Virtual visitation is available in over 25 states, including California. While the laws vary from state to state, in most states, a judge will typically create a schedule for what days and times an e-visitation can occur and how long these sessions can last. In that way, a virtual visitation schedule is very similar to a regular visitation schedule because the non-custodial parent must adhere to a schedule to see their child.

When Are Virtual Visits Allowed?

Virtual visitations won’t be allowed when a judge feels that allowing them to move forward would endanger the child. For example, parents with a history of abuse or criminal records may not be allowed to have a visitation schedule with their children at all, and that would include virtual visits. 

Likewise, judges rarely consider virtual visits to be ideal and will always advocate for in-person visitation. However, in some instances, the judge will order that virtual visitation is okay. These include:

When virtual visitation does not interfere with the child’s routine in a negative way

When the child and parent live far away, such as in different states or countries. 

Any situation that requires more frequent contact. When a parent and child simply need to spend more time together, a judge may order virtual visitation as an effective method for doing so.

Contact an Irvine Visitation Lawyer to Learn More

If you’re a non-custodial parent who believes that a virtual visitation schedule would go a long way in improving your relationship with your child, an Irvine visitation lawyer at our firm can help. Contact our office today.

Frequently Asked Questions

What is virtual visitation?

Contact between a parent and child by video call, phone, or messaging, included as a term of the parenting order rather than left to informal arrangement. It is not a substitute for in-person time and courts do not treat it as one. Where it matters most is in long-distance arrangements, during a parent’s extended absence for work or deployment, and as a supplement in ordinary schedules so a parent is not out of contact for a full week.

Can a court order virtual contact?

Yes, as part of a custody and visitation order, and courts include it routinely now. What makes the provision effective is specificity: which days and what times, expected duration, which platform, and an obligation on the receiving parent to ensure the child is available and to provide reasonable privacy for the call. A general direction to allow reasonable telephone contact is largely unenforceable, which is why these provisions should be written with the same precision as the in-person schedule.

Does virtual contact reduce the timeshare percentage for support?

No. The child support formula counts time each parent has primary physical responsibility for the child, which means physical custody. Video and phone contact does not shift that percentage, so a parent should not expect virtual time to affect the support calculation, and neither parent should treat the provision as a bargaining chip against the support figure.

What happens when a parent interferes with virtual contact?

It is enforceable like any other term of the order, and the same tools apply: a motion to enforce, clarification of ambiguous terms, make-up contact, attorney fees against the interfering parent, and in a persistent pattern consideration in a modification request. Enforcement depends on a contemporaneous record, which for virtual contact means logs of attempted calls and their outcomes. That documentation is easy to keep and it is what converts a complaint into a provable pattern.