Reached a Visitation Impasse?
Consider "Virtual Visitation" as Part of the Solution

Exploring the Possibilities 
The Courts Take a Look at New Approaches
An Emerging Solution: Virtual Visitation in Maryland
6 Ways to Make It Work

Are you a divorced parent looking for ways to better connect with your children living with the other parent? Trying to figure out what to do when the custodial parent wants to relocate?

When one parent wants to relocate, the disruption in visitation is not only traumatic for the child(ren) and the parent (who may lose touch), but a judge may even forbid the relocation. Children of parents living closer to one another are also faced with looking for ways to better integrate both parents into their daily lives. 

Some parents are considering "virtual visitation" via the Internet as part of the answer. There are a number of low-cost ways to connect with your child. While it is not a substitute for regular visits, "virtual visitation" can be part of a creative visitation agreement when the parties do not have the resources for frequent in-person visits. It can be particularly useful when one parent is seeking to relocate.

The Courts Take a Look at New Approaches in "Virtual Visitation"
Courts have begun to recognize the usefulness of creative approaches to visitation using the web. Initially, the Internet was viewed as a partial solution to situations in which one parent was moving to another state or country. Now more and more judges are viewing, "virtual visitation" as part of the answer in routine divorces cases. 

Although there are no cases in Maryland where "virtual visitation" has been part of an appeal, here is what some judges in other states have said. (Remember that this does not mean that parents in Maryland have not entered into agreements that include "virtual visitation", only that the "virtual visitation" part of an agreement has not been appealed.

• In New York, a custody dispute developed between parents when the mother (custodial parent) wanted to move to Saudi Arabia. The court ordered the parties to use the Internet as a means of direct communication between the father and the child. Lazarevic v. Fojelquist, 668 N.Y.S. 2d 320 (1997).

• The New Jersey Superior Court allowed a mother and child to relocate after looking at a proposal for "virtual visitation' to supplement periodic in-person visits in McCoy v. McCoy, 764 A.2d 449 (2001). In this case, the mother wanted to move from New Jersey to California. The judge approved her plan for web-based communication via camera-computer technology and daily emails, calling it both creative and innovative." McCoy, at 454. Importantly, the "virtual visitation" was in addition to the personal visitation schedule, which was not reduced.

• In another case in Colorado, two parents agreed on joint custody and decision-making, even though the father and child moved to Spain while the mother remained in the US. The agreement details how the technology will be used, who pay for what and the practical considerations about topics such as what type of Internet connection. Hernanadez-Mora v. Jex, No. 01-WY1009-CB (U.S. Dist. Ct. Dist.Colo. July 12, 2001) 

• In another case in Tennessee, the Court of Appeals called the Internet-based plan an "unique, forward thinking and viable communication alternative." The case includes details on the plan. Burke v. Burke, 2001 WL 921770 (Tenn. Ct. App. August 7, 2001). 

Several news articles from various news sites have also covered the topic and offer several perspectives and some cautions.

• Virtues of Virtual Parenting:  Can the Internet replace visitation?
• Parental Visitation Via the Internet
• Virtual Visitation Gains Acceptance
• Virtual Visitation brings parents and kids closer

An Emerging Solution: Virtual Visitation in Maryland
Though virtual visitation has not yet become common in Maryland, it has been considered as an option in several family court systems. 

"Virtual visitation is a great idea," said a family court representative of the Calvert County Court system. "It just makes so much sense."

Carroll County has also suggested and used the Internet as a means of virtual visitation. "There have been cases where Instant Messaging and e-mail have been part of a mediated solution," said a spokeswoman for Carroll County family court. "More and more, we are seeing that the Internet can provide solutions to custodial problems." 

What this means for you is that if you are having a visitation dispute, you can suggest the possibility of "virtual visitation". Virtual visitation can help both parents to take an active role in the child's life, frequently at a low cost.

Internet-based Possibilities include:

• Regularly scheduled e-mail sessions (you do not need to be on at the same time); 
• On-line chatting in a private on-line chat room; 
• Instant messaging; 
• Interactive games that can be played at the same time by both parent and child from separate computers; 
• Live, video visitation sessions using a web cam; and 
• Creating a personal website for your child including items such as scanning in your child's picture or report card .

Source:  The Maryland Legal Assistance Network

Last Legal Review (MLAN/AC/MZ) 3/26/02

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