Technology and Custody: Virtual Visitation in New Jersey
Modern families increasingly rely on technology to stay connected. In New Jersey, courts recognize that tools like FaceTime, Zoom, and video calls can help parents maintain meaningful contact with their children even when physical custody is limited. Virtual visitation has become an important part of parenting plans, especially when distance or schedules make in-person visits difficult.
What Virtual Visitation Means
Virtual visitation refers to electronic communication between a parent and child, typically through video calls, messaging, or email. It supplements—not replaces—regular parenting time. The goal is to foster consistent contact and strengthen relationships when parents live apart.
Courts refer to this form of contact as “electronic communication” in parenting time orders. It can include:
- Video calls via FaceTime, Zoom, or Skype
- Text or instant messaging
- Phone calls
- Email or shared online journals
When Courts Include Virtual Visitation
Judges often add virtual visitation when:
- Parents live far apart or in different states
- One parent relocates for work or military service
- The child attends boarding school or college
- In-person visits are limited due to health or safety concerns
Virtual visitation helps bridge physical distance and maintain emotional closeness. Courts generally support it when it benefits the child and both parents can cooperate.
Legal Framework in New Jersey
While New Jersey does not have a specific statute governing virtual visitation, courts can include it as part of custody and parenting time orders under the “best interests of the child” standard. Judges may also look to national models, such as Utah’s Virtual Parent-Time statute, for guidance when shaping New Jersey orders.
The court order typically outlines:
- Approved methods of communication
- Frequency and duration of calls
- Supervision requirements, if any
- Technical guidelines to ensure privacy and safety
The Benefits of Virtual Visitation
Maintaining consistency. Regular video calls keep children connected to both parents between visits. This consistency supports emotional stability.
Reducing anxiety. Seeing and hearing a parent can comfort children, especially younger ones adjusting to separation.
Supporting long-distance relationships. Technology helps deployed military parents or parents who move for work remain involved in daily life.
Encouraging shared experiences. Parents can help with homework, read bedtime stories, or attend school events virtually.
Improving communication. Frequent contact can reduce misunderstandings and build stronger parent-child relationships.
Challenges and Limitations
Virtual visitation is not a substitute for in-person time. Courts are careful to ensure it does not reduce traditional visits. Challenges may include:
- Time zone differences and scheduling conflicts
- Unequal access to devices or internet
- Parents interfering with calls or monitoring communications
- Privacy concerns when one parent records or supervises conversations
Courts can address these issues by setting clear rules and consequences for interference.
Privacy and Security
Technology brings privacy risks, particularly for minors. Courts may order that communications occur only on secure, agreed-upon platforms. Parents are expected to respect boundaries and not use virtual visitation to gather information about the other parent’s home or personal life.
Setting Up Effective Virtual Visitation
Successful virtual visitation requires cooperation and planning. Effective orders typically include:
- Scheduled times that do not conflict with meals, homework, or bedtime
- Equal access for both parents
- Flexibility for special occasions such as birthdays or holidays
- Backup methods for missed calls due to technical problems
Virtual Visitation in Cases of Relocation
When one parent relocates, virtual visitation becomes crucial. New Jersey courts weigh relocation petitions carefully, focusing on whether the move supports the child’s best interests. Judges may expand electronic contact to maintain close bonds.
A typical order might allow daily evening video calls or increased weekend communication to replace lost physical contact. Courts view these arrangements as a way to balance parental rights and child welfare.
Virtual Communication After Domestic Violence
In cases involving domestic violence, courts may restrict or monitor electronic contact. Protective orders can limit communication methods or require supervision through third-party platforms. The safety of the child and the victimized parent always comes first.
Adapting to Evolving Technology
Technology changes quickly. Parents and courts must stay flexible. What began with phone calls now includes interactive video, virtual classrooms, and even shared online gaming. Modern parenting plans can specify that both parents agree to adopt reasonable new technologies as they emerge, provided they maintain safety and appropriateness.
Legal Guidance for Drafting and Enforcement
Including virtual visitation in a custody order requires careful drafting. Attorneys ensure that terms are enforceable and realistic. They can also help enforce compliance if one parent refuses access or misuses technology.
Legal counsel is particularly helpful when one parent alleges interference or violation of boundaries. Documentation—such as logs of missed calls or inappropriate monitoring—may be used to request court enforcement.
How Legal Representation Helps Families
Balancing parenting time, technology, and privacy can be complex. An experienced family law attorney helps parents create clear, enforceable orders that preserve contact and reduce conflict.
The Law Offices of Kelly Berton Rocco guide families in developing practical parenting plans that reflect the realities of modern communication. Located in Hackensack and serving northern New Jersey, the firm provides skilled representation in custody, visitation, and modification matters. To schedule a consultation, call 201-343-0078.
