Previously recognized as a legitimate communication method by a New Jersey court, virtual visitation is one option that may be used to enhance parent-child contact between in-person visitations.

As a divorced or noncustodial parent, it may seem impossible to negotiate a workable parenting plan for raising children in separate households. Agreeing on a plan that is both comprehensive and fair to both parents may be especially difficult. Under these circumstances, flexibility and creativity is needed to find innovative solutions for issues like visitation. Enter the concept of virtual visitation.

Virtual or electronic visitation occurs when communication between a child and parent is facilitated by using tools like email, instant messaging, video conferencing, webcams or video calls. There may also be contact over the Internet, such as through Web sites like Skype, or by calling or texting between cell phones. Virtual or electronic visitation should not replace in-person visitation. Instead, it should increase the overall contact of children and their parents when they are not physically together.

Many noncustodial parents, or parents who live a considerable distance away from their children, may have already discovered the use of virtual visitation informally. Even so, some states have passed laws, and state courts have decided cases, that legally permit virtual visitation. This is one possible option that could increase parental presence in the lives of children with mothers and fathers who live apart. The movement toward electronic communication, although it has slowly progressed over the last decade, originally began to take shape in New Jersey.

One heavily cited case in favor of virtual visitation was decided in New Jersey in 2001. In McCoy v. McCoy, the mother, who was the custodial parent, offered to construct and maintain a Web site as a means of daily communication between her child's father and extended family. She proposed using webcams and other computer technologies to support the online visitation. The Superior Court of New Jersey, Appellate Division, called the idea of virtual visitation, in addition to face-to-face visits, a "creative and innovative" way for the child in this case to experience continued contact with her noncustodial parent.

The Appellate Division also stated that a lower-court opinion dismissed the use of the Internet and declined to consider the value of alternative arrangements. The court ruled that virtual visitation options, like those presented in this case, seek to protect and promote the presence of both remote parents and extended family in a child's daily life. Courts in other states, such as Tennessee, Florida, Connecticut, Massachusetts, Missouri, Michigan, Iowa, Louisiana, North Dakota and New York, have also defended the use of electronic communication to further parental visitation rights.

The idea of virtual visitation seems to open up a whole new world of ways to parent when distance is a factor. However, skeptics of this concept fear that this non-physical interaction will be used in place of face-to-face visitation. Indeed, a custodial parent wanting to relocate may use this as a tool to help him or her gain the approval to move from the court. Also, it could happen that one or both parents cannot afford to own or operate the equipment necessary for the electronic communication.

According to an article published by the National Center for State Courts, the technological advancements of the Internet and communication tools will continue to play an increasingly important part in custody and visitation cases. Family law courts will continue to employ, at a reasonable expense and using the accepted best interests of the child standard, the practice of virtual visitation in new ways to create fresh outcomes for how parents and children communicate when they are apart. Advocates of electronic visitation assert that cases and laws giving noncustodial parents these rights help to preserve their role in the daily lives of their children.

Over the last few years a handful of states have officially recognized electronic parenting. Utah was the first state to enact a bill regarding virtual visitation in 2004. Illinois was the most recent, adding such language this year. As of the date of this article, Wisconsin, Florida and Texas have all passed virtual visitation legislation. Other state courts also included provisions in custody and visitation family law cases. With virtual visitation laws in place, family law judges have the authority to include communication through electronic means as part of visitation arrangements.

Family law judges have the final say in matters of custody and visitation, but legislation regarding virtual visitation can be influential in promoting its use. Statutes can clearly define the standards for granting visitation, the scope and purpose of the mode of electronic communication, clarify what amount would be a reasonable expense to implement it and include any other provisions to prevent its misuse or abuse. For example, laws could outline the conditions where a noncustodial parent's right to virtual visitation does not apply, as in cases where this contact would be harmful the child. When done right, there are many benefits to communicating electronically.

Whether the distance between a mother or father and child is large or small, between noncustodial or custodial parents or because of incarceration or other physical limitations, virtual visitation is a viable option. It not only gives a child the psychological benefit of constant contact with a distant parent, but it also improves the parent-child relationship, allows for more committed parenting and makes living in separate houses less stressful for all involved.

As a parent who is dealing with custody issues, it is important to consider all available options for parental visitation. A family law attorney can help parents think creatively and develop a list of alternatives to physical custody that are in the best interests of their children and meet any legal requirements or other parenting goals. A lawyer with experience in family law matters understands that being a plug-in parent may be one suitable option to enhance parental contact with a child between physical visits.