Virtual visitation
Encyclopedia
Virtual visitation is the use of electronic communication tools to provide contact between a parent and his or her children as part of a parenting plan
or custody
order. Virtual visitation includes many forms of communication, such as e-mail
, instant messaging
, and videoconferencing
.
, virtual visitation refers to the right of a noncustodial parent
to have electronic communication with his or her children. Virtual visitation first appeared in divorces in the late 90's. Initially, virtual visitation was used to justify relocating away from a noncustodial parent. Now, states with virtual visitation laws do not allow virtual visitation as a justification to relocate a child away from a noncustodial parent. Virtual visitation law works for both parents to maintain contact with their children when they cannot be with the children in person. The court may decide the frequency and duration as a part of a parenting plan.
In 2006, Wisconsin became the second state to pass a virtual visitation law. The Wisconsin law defines virtual visitation as "electronic communication," which is the predominant term used in the other state laws. In 2007, Texas and Florida both passed similar virtual visitation legislation. In 2009, North Carolina became the fifth state and Illinois the sixth state to pass virtual visitation legislation.
Parenting plan
A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...
or custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
order. Virtual visitation includes many forms of communication, such as e-mail
E-mail
Electronic mail, commonly known as email or e-mail, is a method of exchanging digital messages from an author to one or more recipients. Modern email operates across the Internet or other computer networks. Some early email systems required that the author and the recipient both be online at the...
, instant messaging
Instant messaging
Instant Messaging is a form of real-time direct text-based chatting communication in push mode between two or more people using personal computers or other devices, along with shared clients. The user's text is conveyed over a network, such as the Internet...
, and videoconferencing
Videoconferencing
Videoconferencing is the conduct of a videoconference by a set of telecommunication technologies which allow two or more locations to interact via two-way video and audio transmissions simultaneously...
.
History
In United States LawLaw of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
, virtual visitation refers to the right of a noncustodial parent
Noncustodial parent
A "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
to have electronic communication with his or her children. Virtual visitation first appeared in divorces in the late 90's. Initially, virtual visitation was used to justify relocating away from a noncustodial parent. Now, states with virtual visitation laws do not allow virtual visitation as a justification to relocate a child away from a noncustodial parent. Virtual visitation law works for both parents to maintain contact with their children when they cannot be with the children in person. The court may decide the frequency and duration as a part of a parenting plan.
States with virtual visitation laws
In 2004, Utah passed the first virtual visitation law in the United States allowing for the automatic use of virtual visitation. The Utah Code Advisory Guidelines provides the courts guidance on using Virtual Parent-Time.In 2006, Wisconsin became the second state to pass a virtual visitation law. The Wisconsin law defines virtual visitation as "electronic communication," which is the predominant term used in the other state laws. In 2007, Texas and Florida both passed similar virtual visitation legislation. In 2009, North Carolina became the fifth state and Illinois the sixth state to pass virtual visitation legislation.