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Parenting time and visitation in Minnesota by minnesota visitation lawyers
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Virtual
Parenting Time - Computer Visitation
virtual parenting time,
virtual visitation, internet visitation, computer
visitation
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Review our article on the new law or call (612)
240-8005 for a consultation.
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On January 25, 2006, Wisconsin became the second state in the country to pass a law allowing Judges in family court cases to allow virtual (computer) visitation.
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Are
you a divorce parent that travels out of town
frequently for their work?
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Is your parenting time
supervised?
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Are you a divorce parent that
would simply like to communicate with your children
more regularly?
Regardless of the reason, when one parent is
separated from a child, it can cause a great
disruption in their young lives. Children do
not always understand why one parent must relocate
or why on parent must have supervised visits. What
they remember is that one of their parent's is no
longer there. With the creation of the
internet and expanding technology, parents in these
situations may now be afforded innovative and
creative opportunities to remain a larger part of
their children's lives. This is often called
"Virtual Visitation,"
"Virtual Parent-Time", "Internet Visitation", and
"Computer Visitation." All of these terms refer to
connecting with children over the internet. It can
refer to e-mail contact, instant messaging programs,
or video and voice conferencing.
Certainly, connecting with your child through a
computer does not replace personal contact.
However, it serves as an effective bridge for
parents when frequent personal contact is not
possible. With regard to supervised visits, it
also serves as a safe medium where contact can be
innocuously monitored if necessary. Although
virtual visitation
has not yet been widely
embraced by Courts or Judges, it is coming.
In a
2002, a
Massachusetts trial court approved "internet
visitation." (Cleri v. Cleri, Massachusetts
Probate & Family Court, No. 01D-0009-D1.)
In that
case, Judge Chouteau Merrill allowed Mrs.
Cleri to move from Massachusetts to Long Island, New
York. The unusual part of the case is that the Judge
also ordered virtual visitation between Mr. Cleri
and the three children, a five year old and two year
old twins. Additionally, state legislatures
have already begun to act.
On March
23rd, 2004, Utah enacted the country's first
‘Virtual Visitation’ Law. Several states have
followed suit including the State of Wisconsin which
allows a Judge to allow computer contact with
children when that contact is advisable in eth
Judge's discretion.
The
benefits of Computerized parenting time are numerous.
First, and perhaps foremost, computer visitation may
reduce the psychological impact of separation on a
child. Most psychologists will tell you that
children often blame themselves when one parent is
absent from the family unit. They experience
significant separation anxiety and may even internalize
that anxiety as guilt or feelings of abandonment.
These children often experience serious behavioral
problems that can haunt them throughout their childhood.
There are many types of
virtual visitation. Any form is possible so long
as the technology is reasonably affordable to the
parties. Forms of virtual visitation
include:
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E-Mail. E-mail is the oldest and, perhaps
most common form of computerized communication. What
it lacks, however, is the real time interaction with
a child.
- Instant Message Programs. A form of real time
interaction includes instant message programs. These
programs function like a chat room allowing each
party to type messages to the other that can be seen
as soon as the message is posted in real time.
The benefit of these programs is that they can alert
a person when another participant is online.
It has the potential to allow parents to
spontaneously communicate with their children in
addition to having regularly scheduled contact. The
drawback instant message programs is that they may
limit contact to those children that are old enough
to spell and type messages. Common instant
message programs include Yahoo Instant Messenger,
AOL Instant Messenger, MSN Instant Messenger, ICQ to
name only a few.
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Personal Video Conferencing or a Video Calls.
Many of the instant message programs previously
mentioned are currently integrating video
conferencing and voice conferencing into their
programs. This means that two people in two
different locations may communicate in real
time by voice and video. This type of virtual
visitation does require additional equipment,
however, including a high-speed connection (like DSL
or a Cable Modem), a webcam, a headset. a
microphone, and the proper software. Once
these are in place, you are able to have a
completely interactive video phone call where you
can SEE as well as hear each other with real video
that is clear crisp and audio that is as good as a
telephone call.
Video calls allow parents to interact with their
children in many ways that are preferable to the
other methods. By video conference, a parent can see
the subtle changes in their children as they grow.
They can see their expressions and their emotions.
Through video conferencing a parent may even
assist their children with their homework, play
games or appreciate their latest art project.
If you
decide to include ‘Virtual Visitation’ as a part of
your parenting time order or if you re seeking an
order of the court imposing that obligation divorce,
you may wish to include language that is specific
and identifies:
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The
precise form(s) of ‘Virtual Visitation’ that you
will use even including the program (video
conference, email, Video Mail, Yahoo Instant
Messaging, MSN Instant Messaging, etc.) - The equipment necessary including both hardware and
software and the type of internet connection.
Who pays for the internet
service or equipment. If you believe there may be an objection to the
cost you may consider offering to purchase the
equipment yourself for the other parent's use.
The
Schedule for the virtual visitation including
the specific days of the week and times of day.
If
equipment malfunctions or breaks, what time
period is allowed for computer repair before
court sanctions are triggered.
For legal representation call 612.240.8005 or
ASK-A-LAWYER Online
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