Is Virtual Visitation an Option in Illinois?

 Posted on October 26, 2015 in Family Law

Sometimes, even when the court orders visitation, a parent isn’t able to spend enough time with his or her child. Jobs that require frequent travel, or family circumstances, sometimes make it hard for parents to be there for regular visits. But, thanks to modern technology, in some cases there may be a solution to this issue. Virtual visitation allows for parents and children to connect through things like Skype, Facetime, webcams, email, and text messages.

When Virtual Visitation May Be a Good Idea

Illinois is one of the few states that has specifically dealt with the issue of virtual visitation in its family law statutes. Virtual visitation is not for cases where there has been abuse of any kind or misuse of the parenting time rules.

Virtual visitation is for situations where a parent cannot exercise in person visitation, or it is in the best interests of the child to have some virtual visitation in addition to physical visitation.

Situations where virtual visitation may be appropriate include:

• Military parents stationed far away;
• Parents who frequently travel for work;
• Parents who are temporarily stationed overseas; and
• Parents who have family or health issues that prevent them from having physical visitation for a period of time.

In some cases a child has a difficult time adjusting to the changes a divorce causes. Regular virtual visitation with one or both parents can help the child feel more comfortable with the transition and alleviate anxiety about the new arrangements.

Virtual Visitation Must be Requested

There is no automatic right to virtual visitation in Illinois. While both parents are free to agree and work out a reasonable schedule on their own, if one parent wants virtual visitation and the other parent does not, a court may have to decide the issue.

If you want court ordered virtual visitation, you will need to specifically request it from the court. This can be done as part of family law proceedings or after an order has been issued by asking for a modification of the order to include virtual visitation.

The exact terms of what a virtual visit will mean will have to be worked out between the parents or by the judge. Even in virtual visitation situations, the court will still make decisions based on the best interest of the child.

If you have any questions about virtual visitation, custody, parenting time, or any other family law issue, contact a knowledgeable and experienced DuPage County family law attorney. Call today to schedule your free consultation. Your children’s future is too important to risk.

Source:

http://ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000