Can Virtual Visitation Substitute for the Real Thing?

Work-related obligations and other demands of daily life can make it difficult for noncustodial parents to maintain a steady visitation schedule, especially when they live some distance from their child. During the COVID-19 pandemic, many families utilized digital meeting technology through providers such as Zoom, Apple, Google and Microsoft to stay connected during lockdowns and illnesses. Though the pandemic is over, parents and courts are increasingly open to virtual visitation for instances where it is difficult for fathers and mothers to spend in-person time with their children.

Though New York does not have a specific law addressing virtual visitation, video conferencing, phone calls and shared messaging platforms can be key elements in an overall parenting plan. While these types of communications cannot replace face-to-face contact, they do provide the opportunity to preserve emotional bonds when parents are not physically present.

Connecting through FaceTime, Zoom or another method of video conferencing might be particularly helpful when a child custody arrangement has been affected by relocation. In these situations where a parent or child has moved away, it is common for visitation schedules to be modified so that the youth spends fewer, but longer, visits in the noncustodial parent’s home. These visits are usually timed to summer breaks and school vacations. 

Though the total time together remains roughly the same, virtual visits might also be included in the plan so that the parent and child don’t lose touch between visits. Likewise, during long periods of time at the noncustodial parent’s home, communications could also be scheduled for the custodial parent. Mother and fathers who are distant due to military service or job responsibilities could also request a set schedule of video calls. 

Even in situations not involving extraordinary distance, a parent might simply want a way to check in for daily updates or to help with homework. Formalizing a virtual contact schedule can help mothers and fathers guide their children during important moments. Family Court judges have broad discretion to craft custody and parenting time arrangements that serve the best interests of the child, which remains the standard in all New York custody decisions. 

When creating a virtual visitation framework, parents and courts may consider factors such as the child’s age, maturity, access to technology, school schedule, and the parents’ ability to cooperate. Virtual visitation is more likely to be approved when it supplements, rather than interferes with, in-person parenting time, and when it does not place an unreasonable burden on the custodial parent.

The Law Office of Maurice J. Verrillo, P.C. in Rochester works to establish visitation arrangements that enable clients to maintain strong bonds with their children. We have more than 35 years of experience representing Western New York clients in family law cases. Please call our office at 585-563-1134 or contact us online to schedule a free 30-minute consultation.

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