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Do you have the ability to visit with your children virtually?

On Behalf of | Mar 27, 2018 | Family Law |

Noncustodial parents will usually have the right to visit with their children multiple days per month. In the digital age, though, these visitation rights do not only cover the right to visit with children in person. They also cover the right to visit with children virtually.

Virtual visitation includes visiting children via Skype, telephone calls, WhatsApp, email, FaceTime, text message and other forms of digital communication.

Do I have the right to visit my children “virtually?”

“Virtual visitation,” “electronic visitation,” and “internet visitation” are the legal terms used to describe various ways of visiting with children via technological means that usually employ the internet. Most parenting agreement will offer the right of the parents to spend time with their children virtually like this.

Noncustodial parents may also request virtual visitation rights if the custodial parent moves far away and doesn’t have the ability to regularly spend time with his or her child. These virtual visits, however, should never replace the parent’s right to visit with his or her children in person. Instead, they should supplement the time the parent spends with children by helping the parent and children stay in contact and connected.

Uncensored and unsupervised contact with children is a must

As an important component of all virtual visitations, parents need to have unfettered access to their children. They should be able to speak with their children electronically and by the internet without censorship and without being monitored. In this regard, virtual visits should allow for private communication between the parent and child.

When communication between a parent and child is monitored or censored by the other parent, this interferes with the parent-child relationship. It may also be unlawful.

Do you want to have virtual visitation rights in Alaska?

Alaska parents who are not able to have private communication with their children during days when they don’t see their children in person may be able to request virtual visitation via formal legal proceedings. Ultimately, every parenting circumstance is different. Therefore, every attempt to request virtual visitation via court proceedings may require a unique approach in the state of Alaska.


Contact Dorothea G. Aguero, Attorney at Law, P.C.