This guest post is from Naomi Bach, Regent Law 2L & Family Law student:
In the age of FaceTime, Zoom, and texting, virtual visitation is becoming more than a temporary solution. But what does that mean for co-parenting, court orders, and the parent-child relationship?
Virtual visitation is a court-sanctioned digital communication between a noncustodial parent and their child. This can include video calls, text messaging, social media interaction, email and chat, even shared digital activities (like playing a game together online). It’s not a replacement for physical custody, but a way to enhance and maintain connection – especially when geography work schedules, or health reasons get in the way. A few states, including Texas, have enacted laws or court rulings that address or allow for virtual visitation as part of parenting plans. These statutes are designed to encourage frequent and meaningful contact with both parents, and virtual tools are increasingly seen as a way to support that goal. Courts often consider virtual visitation when one parent relocates (out of state or long distance), a parent is incarcerated or deployed, there are supervised visitation needs, physical visitation is limited due to illness or safety concerns. In Texas, courts can order virtual visitation under Texas Family Code § 153.015, provided it's in the best interest of the child and doesn’t interfere with school or other parenting time.
There are pros and cons to this system. The pros of virtual visitation are that it can keep bonds strong between visits, it adds flexibility for long-distance or busy parents, it can reduce conflict by offering neutral interaction spaces, it allows for daily contact (such as a bedtime story, help with homework, or a quick goodnight message), and encourages consistency and routine in the child's relationship with both parents. There are challenges and concerns to virtual visitation as well. Some worry it can become a substitute for real parent time. Privacy and safety concerns arise if communication is unsupervised. Tech issues, poor internet access, or one parent who is not cooperating can create conflict. Virtual visits may not satisfy a child’s emotional need for physical presence. Courts must tread carefully not to let one parent "gatekeep" access.
Virtual communication and visitation is a great enhancement to a parent’s communication with their children as long as it doesn’t become a replacement. Post-pandemic, many courts have begun formally incorporating virtual visitation into parenting plans, sometimes even requiring parents to facilitate daily check-ins or weekend video calls. Judges often emphasize that digital contact should complement, not replace, regular physical parenting time. It can really help move a parent-child relationship toward being restored a bit more.