Communication Technologies Changes Legal Landscape for Visitation

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Parents in Colorado may be familiar with varying types of child custody arrangements. Some of these agreements may involve the use of certain communication technologies, which have made it possible for many non-custodial parents to maintain contact with their children. In addition to using the telephone, email, social media websites and video conferencing have provided the courts' additional flexibility when deciding to on visitation and custody cases.

There are certain benefits and drawbacks to the use of virtual visitation. One benefit that such arrangements might provide affects parents and children who are separated by large distances. For example, the use of technology to provide parenting time could allow a non-custodial parent to help a child with homework or read the child a bedtime story. However, some individuals suggest that this type of access may become a replacement for in-person visits and might allow custodial parents to move away from the other party in cases where such a move might not be warranted if physical visitation is a priority.

In spite of any potential drawbacks, many jurisdictions have come to apply virtual visitation in some way. Certain states, such as Texas, Illinois, and North Carolina, have passed laws that explicitly permit the use of such arrangements. Furthermore, courts in other areas, including New York, have ruled in favor of this method of visitation.

Because such arrangements are relatively new, the use of such methods in Colorado may not be explicitly guaranteed. Parents who are seeking to have the use of recent communication technology included in their child custody agreements may want to discuss the possibility with an attorney. That attorney could help a client understand how such arrangements might work in their case and might help include provisions allowing this type of visitation into the formalized agreement.

Tags: Child custody, parenting time

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