Can I Ask a Court for Virtual Visitation?

 Posted on March 21, 2025 in Child Custody

Virtual visitation is sometimes used when a parent has parenting time following a divorce but is not geographically close to the child. Perhaps the other parent moved out of state, and it has become difficult to get time away from work and the financial means necessary to travel that distance every other week.

Virtual visitation is also known as electronic visitation or Internet visitation. The concept became much more popular during the pandemic when social distancing kept many divorced parents and their children apart. Virtual visits often take place using apps like Zoom, Skype, and FaceTime that use a webcam on a laptop, tablet, or cellphone.

Virtual visits are generally seen as an addition to "standard" electronic forms of communication like text messaging, instant messaging, email, or messaging through social media apps like Instagram or Facebook. These forms of communication lack the personal aspect of actually seeing the other person, which is why virtual visitation can help both the parent and child who are not able to see one another frequently.

While virtual visitation is usually requested by the parent with less parenting time – and usually when the other parent moves – it can also be used when the child is spending an extended amount of time with the non-custodial parent during summer break to allow the other parent to keep in touch. If you would like to request that the court approve virtual visitation, speaking to your Wheaton, IL family law attorney is a good idea.

Do All States Allow Virtual Visitation?

States have very different laws regarding virtual visitation. Florida and Illinois recognize virtual visitation as a supplement to traditional visitation arrangements and will include it in a parenting plan if both parents agree. Illinois does not consider virtual visitation a substitution for parenting time, only an addition. Indiana, North Carolina, Wisconsin, and Utah recently passed laws allowing virtual visitation, and Texas allows it to be included in visitation schedules.  

Many other states are now considering passing similar laws. The state of Illinois was somewhat of a pioneer in virtual visitation, going back to 2012 when the state noted that "using virtual technology can enhance the parent-child relationship by providing a parent the opportunity to engage with their children." It was also noted that children feel closer to a physically absent parent when using technology.

What Are Some Benefits of Virtual Visitation?

For the parent who lives a substantial distance from his or her child, virtual visitation can strengthen the bond between parent and child by allowing for frequent, spontaneous communication. Video calls allow a geographically distant parent to participate in his or her child’s daily routines (assuming the other parent is cooperative). A parent can:

•  Help his or her child do his or her homework.
• Talk to the child about daily activities (children are more likely to engage with a parent when they can see one another and see the changes in facial expressions)
• Read bedtime stories to a younger child.
• Share important milestones
• Share happenings in the parent’s life with the child
• See the child’s daily occurrences like a missing tooth or a good grade on a school paper.
• Witness sporting events as they are happening in real-time (with the cooperation of the other parent)

Children are usually more likely to open up to a parent when they can see them, even if it is through a virtual avenue.

How Do I Ask a Court for Virtual Visitation?

Under Illinois law, the court may not consider the availability of electronic communications or virtual visitation when determining whether a parent may move out of state with the child. Your attorney will likely file a motion to ask the court for a modification of the parenting plan to include virtual visitation.

If the court agrees, it can determine the times and circumstances when virtual visitation is allowed.  If the parent requesting virtual visitation has a history of abuse or there have been issues regarding the child’s privacy, the court may not grant virtual visitation.

If the parents have a very contentious relationship, it may be difficult to get the other parent to facilitate the virtual visitation, although a parent who ignores a court order for virtual visitation could be sanctioned.

Does the Other Parent Have a Responsibility When Virtual Visitation is Approved?

When a court approves virtual visitation for one parent, both parents share the responsibility for setting it up. Cooperation between the parents is vital if it is to work. The parent who has the child most of the time could conceivably make excuses for not facilitating the virtual visitation, like the internet being down (when it is not) or the child being somewhere else. If the parent awarded virtual visitation believes the other parent is deliberately sabotaging it, he or she must speak to an attorney about the best way to handle the situation.  

Are There Any Downsides to Virtual Visitation?

While lack of physical contact is often seen as the biggest disadvantage to virtual visitation, the goal is not to replace physical contact but to stay connected with a child when distance makes it impossible. Technical problems are often an issue; software glitches, hardware problems, or poor internet connections can disrupt virtual visitation sessions.  

Very young children may have difficulty adapting to virtual visitation, and keeping them focused can be quite challenging. Virtual visitation may feel impersonal, although if the alternative is that the parent and child will not see one another for months at a time, it is definitely the better option.

For older children, it can be difficult to schedule virtual visitation around their schoolwork and extracurricular activities. If the court does not provide clear guidelines regarding virtual visitation, disputes can arise between parents.

Contact a DuPage County, IL Parenting Time Lawyer

If you want to include virtual visitation in your parenting plan, speak to your Wheaton, IL parenting time attorney from The Stogsdill Law Firm, P.C. to help work out the logistics. Our firm is large, which means our clients receive the full benefit of all our resources. We are one of the area's most prestigious law firms and bring outstanding experience, skills, and knowledge to the table. Call 630-462-9500 to schedule your initial attorney meeting.