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An Overview of Virtual Visitation | Allan Brandon Tise PLLC, Attorney at Law
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Virtual visitation relies on technology to help a noncustodial parent to communicate, stay in contact, and interact with a child. North Carolina is one of the states that allow virtual visitation. Below are some of the critical things you should know.
Purpose of Virtual Visitation
Virtual visitation does not replace in-person visitation. Rather, virtual visitation applies if in-person is inadequate or impractical or in addition to in-person visitation. For example, a court may order or allow virtual visitation if:
The noncustodial parent can request the court for virtual visitation if they think it can benefit the child and is in the child’s current best interests.
Factors Considered
The court won't automatically grant virtual visitation. It must consider the prevailing circumstances to determine the practicality and benefits of the arrangement. Here are some of the factors the court will consider:
The onus is on the noncustodial parent to convince the court of the need for virtual visitation.
Technologies for Virtual Visitation
Virtual visitation can take numerous forms. The common forms include:
The specific technology used is not important. The critical thing is that the technology you use can safely facilitate communication between the noncustodial parent and the child. In many cases, the visitation schedule will include acceptable forms of communication.
Parent Obligations
Both parents have an obligation to ensure virtual visitation's success. The court will detail what it expects from each parent. For example, the court may require:
The court may specify when the two parties can communicate with each other or leave it at the discretion of the parents.
Benefits and Limitations of Virtual Visitation
Virtual visitation might seem like a hassle, but it has numerous benefits. For example:
Virtual visitation has potential drawbacks, for example:
For virtual visitation to work, both parents must be willing to cooperate with each other. Their cooperation is particularly necessary for young children. For example, a toddler may require the custodial parent's help to initiate contact with the noncustodial parent.
Whichever form of visitation you want to use, remember that you must prove it is in the child’s current bet interests. Allan Brandon Tise PLLC, Attorney at Law, understands the complexities of divorce, child custody, and visitation. Contact us today so that we can help you with any family law issue you have.
Purpose of Virtual Visitation
Virtual visitation does not replace in-person visitation. Rather, virtual visitation applies if in-person is inadequate or impractical or in addition to in-person visitation. For example, a court may order or allow virtual visitation if:
- The parents live far apart - for example if one parent works outside the country.
- The noncustodial parent has a work schedule that doesn't allow for as many visits as the child needs.
- The child needs increased contact from the noncustodial parent (for example, in the case of a strained relationship).
The noncustodial parent can request the court for virtual visitation if they think it can benefit the child and is in the child’s current best interests.
Factors Considered
The court won't automatically grant virtual visitation. It must consider the prevailing circumstances to determine the practicality and benefits of the arrangement. Here are some of the factors the court will consider:
- Whether the virtual visitation is in the child's best interests
- Whether the parents can afford the technology
- Whether the child can use virtual visitation, as it can be a challenge for minor children or children with disabilities
The onus is on the noncustodial parent to convince the court of the need for virtual visitation.
Technologies for Virtual Visitation
Virtual visitation can take numerous forms. The common forms include:
- Emails
- Telephone calls
- Video calls
- Social media messaging
The specific technology used is not important. The critical thing is that the technology you use can safely facilitate communication between the noncustodial parent and the child. In many cases, the visitation schedule will include acceptable forms of communication.
Parent Obligations
Both parents have an obligation to ensure virtual visitation's success. The court will detail what it expects from each parent. For example, the court may require:
- The parents to provide the technology (hardware and service) for virtual visitation
- The noncustodial parent to notify the custodial parent before they communicate with the child
- The custodial parent not to interfere or snoop on the communications between the noncustodial parent and the child
The court may specify when the two parties can communicate with each other or leave it at the discretion of the parents.
Benefits and Limitations of Virtual Visitation
Virtual visitation might seem like a hassle, but it has numerous benefits. For example:
- It is cost-effective; instant messaging is cheaper than flying from one city to another.
- It can take place anywhere; the parent can communicate with the child even during a break at work.
Virtual visitation has potential drawbacks, for example:
- Some parents might try to use virtual visitation to avoid in-person visitation.
- Virtual visitation cannot facilitate physical contact, such as hugs, which encourage children to bond with their parents.
- Virtual visitation is subject to the availability of technology. For example, internet service interruption or power blackouts can interrupt a visitation.
- The custodial parent can listen in virtual visitation easier than in-person visitation.
For virtual visitation to work, both parents must be willing to cooperate with each other. Their cooperation is particularly necessary for young children. For example, a toddler may require the custodial parent's help to initiate contact with the noncustodial parent.
Whichever form of visitation you want to use, remember that you must prove it is in the child’s current bet interests. Allan Brandon Tise PLLC, Attorney at Law, understands the complexities of divorce, child custody, and visitation. Contact us today so that we can help you with any family law issue you have.
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Phone: 910-251-9614 | Email: brandon@tisefamilylaw.com | Address: 130 N Front St., Suite 201 Wilmington, NC 28401
Areas we serve: Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach, Hampstead, Burgaw, Surf City, Landfall, Porters Neck and Wrightsboro
