In recent years, California has increasingly embraced technology within the context of family law. As a result, courts now broadly recognize virtual visitation as a way to help foster parent-child relationships when a child’s parents end their romantic attachment to one another.
Virtual visitation allows parents to connect with their children through video calls, text messaging or other online platforms when their child is with their other parent. Increasingly, provisions for virtual visitation are being integrated into the enforceable terms of many California families’ parenting plans.
The practical impacts of this shift in approach
Under California law, virtual visitation is not a replacement for traditional, in-person parenting time, but a tool to enhance it. Courts may approve virtual visitation when it serves the best interests of the child at issue, which is the guiding principle in custody decisions made by judges generally.
This means that if parents cannot agree on a mutually-beneficial arrangement, judges consider factors such as a child’s age, the distance between households and whether virtual communication will foster a healthy parent-child bond when determining if virtual visitation terms should be integrated into a parenting plan. For example, if one parent moves to another city for work, regular video calls can provide valuable continuity between stretches of parenting time. Similarly, for younger children, frequent but brief video chats can help them feel connected to a parent they may not see every day.
The process of obtaining virtual visitation rights typically begins during custody proceedings, wherein a parent may request it as part of their parenting plan. Courts must approve an arrangement, and specific details are often included in the custody order to avoid confusion. This can involve setting time schedules, determining which platforms or devices will be used and working to ensure that a child has access to the necessary technology. Judges may also consider safeguards to prevent misuse, such as making sure virtual visitation occurs at reasonable times and does not interfere with school or sleep.
Virtual visitation works best when it complements, rather than replaces, in-person time. It gives parents the opportunity to stay actively involved in day-to-day life, even when distance or other challenges limit physical presence.
As technology continues to evolve, California courts recognize that virtual visitation provides a valuable way to maintain strong family bonds. For parents navigating custody arrangements, incorporating virtual visitation can help to better ensure that children remain closely connected to both parents, no matter the nuances of the circumstances at issue.