In this digital age, families have a wealth of ways to stay connected. Communicating through video chat can help support familial relationships when a parent lives in a different geographical location from their child. But virtual visitation does not replace traditional, in-person parenting time under California law.
Below, learn what parents should know about virtual visitation in California, then consult a family law attorney in San Mateo for legal guidance.
What Is Virtual Visitation?
California family law recognizes virtual visitation as the use of video calls or other audiovisual electronic communication to maintain parent-child relationships when physical visits are not feasible. Courts may include virtual visitation as a term in a family’s parenting agreement or custody order.
Virtual visitation can count as legally valid “parenting time” if a parenting plan explicitly allows this as a substitute for physical visitation. However, without such wording in the plan, virtual visitation is not a replacement for traditional or in-person parenting time.
This means that if a parent is required to have a certain amount of physical time under current custody arrangements, the other parent could not simply suggest a FaceTime call in its place.
When Virtual Visitation May Be Appropriate in Custody Cases
There are a few instances in which the court may suggest or mandate virtual visitation as part of a family’s parenting plan. These are potential cases in which virtual visitation may be appropriate:
- One parent has relocated or plans to relocate out of the county or state, making physical visitation more challenging.
- One parent travels frequently for work and is unable to conduct consistent in-person check-ins with the child.
- In-person visitation is temporarily difficult due to illness, weather, or other obstacles.
It is also important to realize that virtual visitation may look different depending on the age of the child and other relevant factors. For example, young children often cannot sit through a long video call, so shorter check-ins are often more appropriate. Teens might plan an online game with their parent in place of a traditional video call.
Legal Criteria Surrounding Virtual Visitation in California
If you want to engage in virtual visitation with your child, and you and the child’s other parent have a legal parenting plan in place, your visitation will need to conform to the terms of this plan. Here is what parents should know about virtual visitation under California family law:
- The virtual visit should be age-appropriate and prioritize the child’s best interests.
- It must be approved by the court and included in a parenting plan or custody order.
- It must not be used as a replacement for in-person parenting time unless ordered for specific reasons, such as when in-person parenting is temporarily difficult.
Speak With a Legal Professional To Learn More About Virtual Visitation
Visitation is one of the most important components of a child custody agreement, and virtual visitation may initially feel awkward to parents. If you have additional questions about how this might look in your custody arrangement, our attorneys at Viola Law Firm P.C. can help. Call (650) 643-4212 to request a consultation.
