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What are the legal implications of virtual visitation?

On Behalf of | Feb 7, 2025 | Child Custody |

Technology has changed the way families stay connected, especially in child custody cases. Virtual visitation allows parents and children to maintain relationships through video calls, messaging, and other digital communication. While this can be helpful, there are legal considerations in California that parents should understand.

How California law supports virtual visitation

California Family Code Section 3100 allows courts to grant visitation in a way that serves the child’s best interests. Virtual visitation is often included in custody agreements to supplement in-person visits. Judges may order scheduled video calls or online communication to ensure consistent parent-child interaction.

When virtual visitation is beneficial

Virtual visitation can be useful when one parent lives far away or has an irregular schedule. It allows parents to share daily activities, help with homework, and stay involved despite physical distance. Courts may encourage virtual visits when in-person time is limited due to work, military deployment, or other factors.

Potential challenges and legal concerns

While virtual visitation has benefits, it does not replace in-person parenting time. Some parents may misuse digital communication to monitor or interfere with the other parent’s household. Courts may impose restrictions if virtual visits become disruptive or negatively impact the child’s routine. Additionally, California law requires that both parents respect privacy and ensure that virtual visits are not recorded or misused in custody disputes.

How courts enforce virtual visitation orders

When virtual visitation is part of a custody order, both parents must comply. If one parent refuses to allow scheduled virtual visits, the other may request court enforcement. Violating a custody order can result in legal consequences, including modifications to visitation rights.

California Family Code Section 3020 supports frequent and continuing contact with both parents when appropriate. Virtual visitation helps fulfill this principle by maintaining parent-child relationships even when physical custody is limited.

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