During his divorce, Michael Gough brought two laptops with webcams to court. The object was to show the judge how easy it would be for him to communicate face-to-face with his young daughter, even over long distances. The judge had never heard of the technology. Nonetheless, he granted visitation rights to Gough through internet communication. Gough then took his message to the Utah state legislature. Appreciating the possibilities this presented, in 2004 Utah became the first state to pass a law encouraging virtual parent-time through email, instant messaging and video conferencing to "supplement, not replace, in-person parent-time."
So began "virtual visitation," a trend that a handful of state legislatures have already adopted, and is now being considered by a growing number of state legislators and divorce courts across the country.
Benefits of Virtual Visitation
Considering the current hard economic times, where one parent may have to move in order to obtain work or affordable living arrangements, the use of Skype and other internet forms of communication provides excellent opportunities for a non-custodial parent to maintain contact with his or her child. Proponents of using this technology say it will ease the transition for the child and parent, and help to avoid long delays between contact and actual physical visitations.
Concerns Regarding Virtual Visitation
Legitimate concerns do come with virtual visitation rights. In particularly acrimonious divorces, the use of a webcam could provide a privacy intrusion to the custodial parent's home. Additionally, some parents may not be comfortable with all types of internet communication, meaning virtual visitation is not a universal solution by any means.
Some also worry that the use of virtual visitation might make some judges more likely to allow the custodial parent to move far away from the non-custodial parent, adversely affecting the non-custodial parent and child relationship.
Awarding Virtual Visitation
The most likely situation in which a non-custodial parent will be awarded virtual visitation is when circumstances don't permit both parents to be in the same area. The decision to grant virtual visitation rights will still be made by the judge according to the best interests of the child. It is unlikely that abusive spouses will be granted virtual visitation as a replacement for in-person visits, for example.
If you are contemplating a divorce, contact an experience family law attorney to discuss custody rights and other issues relating to divorce.
