How Virtual Visitation Can Be Used in Michigan Divorce Cases

 Posted on March 07, 2019 in Divorce

If you have children and are considering divorce, you may wonder what will happen if you decide to move away from the child’s home. Relocation is sometimes necessary after a divorce, but it should only be done after careful consideration because it can affect the parenting plan for children. Traditionally, visitation after divorce has been in-person visitation, but recently, the increase in the availability of technology has made it possible to have virtual visitation with children as a substitute. 

What Is Virtual Visitation?

Virtual visitation is the practice of using technology-related means to have contact with your child or children. The most common way of doing this is usually considered to be a phone call, but virtual visitation is not limited to a phone call. Emails, text messages, and video chats are all different forms of virtual visitation that can be implemented to allow parents to stay in touch with their children after the divorce. 

Only a few states have laws with specific language regarding virtual visitation, but Michigan courts have ruled that it is allowable to use technology for parents to have visitation with their children on a case by case basis. Courts will review the circumstances surrounding each case to determine if virtual visitation is an acceptable substitute for in-person visitation. 

Benefits and Drawbacks to Virtual Visitation

Virtual visitation has benefits and drawbacks. One of the positive aspects is the ability to still speak with your child from across the world. Parents can read their children bedtime stories, help with their homework, and take part in activities such as music concerts or sports games through video chat. It is also easier to schedule a video chat or phone call than it is to schedule a physical visitation. The drawbacks of virtual visitation are mainly that physical visitation should be the goal, and many will view virtual visitation as a lesser substitute for physical visitation. The court will use the best interests of the child considerations to determine if virtual visitation is the right option in each divorce case. 

Contact a Farmington Hills Family Law Attorney

Divorce can be stressful mentally and emotionally on everyone involved. Your divorce case should be handled by a compassionate Oakland County divorce lawyer who understands what you are going through. The lawyers at Elkouri Heath, PLC have the experience and knowledge necessary to handle all types of divorce cases. If you would like to schedule a free initial consultation, please contact us at 248-344-9700. 

Source: https://courts.michigan.gov/administration/scao/resources/documents/publications/manuals/focb/pt_gdlns.pdf

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