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The Rise of Virtual Visitation
The rise of video conferencing, in the form of laptop-based applications and phone-based applications, has changed society in myriad ways. One area which has been clearly impacted by the rise of this new technology is parental visitation in the context of divorce and child custody. Although not a replacement for in-person visitation, more and more parents are utilizing video conferencing applications to have “virtual visitation” with their children. And, more and more often, courts are recognizing these virtual visitation sessions are a legitimate form of personal contact between parents and children. At the present time, however, only a small minority of states have actually codified their positions on virtual visitation, but more states are expected to codify their positions in the future. Utah was the first state to codify its stance, and Wisconsin followed soon thereafter.
Concerns Regarding Virtual Visitation
Virtual visitation has the capacity to be of great assistance to parents: with video conferencing, parents can communicate with their children in a face-to-face manner and connect with them in a way which is arguably superior to mere telephonic communication. For instance, with video conferencing, parents can read their children a story, or listen to their children about their daily activities, and strengthen their emotional bond in the process. Of course, although the benefits of video conferencing for parenting seem clear, this new technology doesn’t come without its share of concerns.
One concern is the degree to which the availability of video conferencing will be used as a factor to determine the provisions of custody orders. Simply because one parent may have the ability to use video conferencing shouldn’t be used as a factor when setting actual visitation schedules. Video conferencing is viewed as a supplement to in-person visitation, not a replacement, and so there is a concern about maintaining this stance. Relatedly, there is a concern that custodial parents may abuse video conferencing as they attempt to relocate to another area. In point of fact, this is the main concern for those who critique video conferencing in family law.
Because video conferencing is an effective method for parents to keep in touch with children, some critics contend that a “slippery slope” could ensue which ends up enabling custodial parents to relocate too easily. Critics argue that custodial parents could simply point to video conferencing and use this argument as leverage to relocate, thereby cutting out valuable in-person visitation between children and noncustodial parents. In some jurisdictions, custodial parents have actually made this exact argument. In the case of McCoy v. McCoy, for instance, a mother made this argument when she attempted to move from New Jersey to California; she argued that the availability of video conferencing (via webcam) made such a move tolerable for the noncustodial father. The court, in responding to the mother’s proposal, described the plan as “creative” and “innovative,” a fact which has made certain critics particularly worried.
Contact the Murphy Law Firm for More Information
If you would like to know more, reach out to one of the leading attorneys at the Murphy Law Firm today by calling 240-219-8963.
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