Integrating Virtual Visitation Into Long-Term Maryland Parenting

At Shah & Kishore, we understand that parenting after divorce can be challenging, especially when one parent lives far away or has a demanding schedule. However, the rise of virtual visitation, particularly during the COVID lockdowns, offers a hopeful solution. It has become a means for parents and children to maintain a strong relationship when they are geographically separated.

Virtual visitation, which involves using technology, such as video calls and online messaging, to facilitate regular, meaningful interaction between a parent and child, can be a game-changer. We will now discuss the legal issues surrounding virtual visitation in Maryland, its integration into parenting plans, and the long-term implications it may have for your child’s well-being and your relationship with your child.

What Is Virtual Visitation Under Maryland Law?

Virtual visitation refers to the use of technology to allow non-custodial parents to stay in touch with their children. This can include video calls, texting, or other digital communication methods that allow for regular, direct interaction between parent and child. While Maryland law has not yet established a separate statute for virtual visitation, it does allow for flexible arrangements in custody orders as long as the child’s best interests are prioritized.

Legal Implications Of Virtual Visitation In Maryland

In Maryland, the key factor that guides parenting plans is the “best interests of the child.” This principle is outlined in Maryland Family Law § 9-101. When it comes to virtual visitation, we work to make sure that the virtual arrangement serves the child’s best interests. Here are several considerations we need to take into account when creating a virtual visitation plan:

• Child’s Age and Preferences – Maryland courts take into account the child’s age and maturity when determining the suitability of virtual visitation. For example, a young child may benefit more from face-to-face interaction, while teenagers may feel more comfortable with virtual communication.
• Parental Agreement – Both parents must agree to incorporate virtual visitation into the parenting plan. If one parent opposes the idea, the court may have to make a determination based on what it feels is in the child’s best interests. We work with our clients to facilitate discussions and mediate any disputes over virtual visitation arrangements.
• Technology Access – For virtual visitation to work, both parents must have access to the necessary technology. In some cases, courts may need to address issues such as internet connectivity, device availability, and a stable environment conducive to regular communication.
• Consistency and Frequency – Virtual visitation must be consistent to be effective. Maryland courts may require a specific schedule for video calls or other communication, much like they would for physical visitation. Regular contact is essential to maintaining the bond between parent and child.

How To Integrate Virtual Visitation Into A Maryland Parenting Plan

When integrating virtual visitation into a Maryland parenting plan, it is important to consider how it will complement traditional visitation schedules and whether the arrangement will work in the long term. Here are a few elements to consider:

• Clear and Specific Terms – The parenting plan should clearly define when and how virtual visitation will occur, the type of technology to be used, the frequency of visits, and the duration of each session. It is a good idea to address any possible contingencies, such as missed calls.
• Technology Guidelines – The plan should address which devices will be used, whether both parents will need to have the same platform (e.g., Skype, Zoom), and how to handle technical difficulties. We help our clients craft these details to ensure both parents are on the same page.
• Addressing Conflicts – While virtual visitation can significantly reduce conflicts related to physical visitation, it’s important to have a plan in place for when disagreements do arise. The plan should include a dispute resolution process for resolving issues regarding missed visits, unsupervised access, or other concerns. This ensures that the virtual visitation plan remains effective even in challenging situations.
• Adjustment and Modification – As children grow and their needs evolve, the need for virtual visitation may change. A well-drafted parenting plan will include provisions for modifying the visitation arrangement as circumstances change, ensuring that it remains in the child’s best interests over time.

Long-Term Ramifications Of Virtual Visitation In Maryland

While virtual visitation can help maintain a parent-child relationship when physical visitation is not feasible, there are long-term considerations. These include:

• Emotional Impact – Virtual visitation cannot replace in-person interactions, especially for younger children who need physical presence and affection. As your child matures, they may have different needs regarding communication with the non-custodial parent. We often advise our clients on how to balance virtual visitation with in-person interactions to maintain emotional and psychological health.
• Parent-Child Relationship – Over time, the dynamics of the parent-child relationship may shift as a result of virtual visitation. Some children may feel that virtual visitation is insufficient. We help our clients in addressing these changes in custody and visitation agreements.
• Co-Parenting Considerations – Effective co-parenting is crucial in maintaining the benefits of virtual visitation. Communication between parents is key, especially when working to ensure that virtual visitation remains consistent and meaningful. We help guide our clients in creating co-parenting strategies that incorporate virtual visitation while preserving a positive relationship with both parents.

Frequently Asked Questions About Virtual Visitation In Maryland

What Is Virtual Visitation, And How Does It Work In Maryland?

Virtual visitation in Maryland involves the use of technology, such as video calls, to allow non-custodial parents to maintain regular contact with their children. The key is ensuring that the arrangement serves the child’s best interests, as defined under Maryland law. A clear, agreed-upon schedule helps make virtual visitation effective.

Can Virtual Visitation Replace In-Person Visits?

No, virtual visitation is not meant to replace in-person visits, especially for younger children who require physical presence for bonding. However, for parents living far apart or in situations where physical visits are not feasible, virtual visitation can help maintain regular communication.

Do Both Parents Have To Agree To Virtual Visitation In Maryland?

Yes, both parents must agree to include virtual visitation in the parenting plan. If there is a dispute, we may assist in negotiating a compromise or bring the matter to court for a determination based on the child’s best interests.

What If There Are Technical Issues During A Virtual Visitation Session?

If technical difficulties arise, we recommend including contingencies in the parenting plan, such as rescheduling missed sessions. Consistency is key, and it’s essential that both parents make a reasonable effort to ensure the technology works.

Call Our Rockville Divorce Attorney For A Free Consultation

If you are navigating the complexities of parenting after divorce in Maryland and are considering virtual visitation for your child, we at Shah & Kishore are here to assist you. Our experienced Maryland divorce attorneys can help you integrate virtual visitation into your long-term parenting plan, ensuring that your child’s best interests are prioritized.

To receive your free consultation, contact our Rockville divorce attorney at Shah & Kishore by calling (301) 315-0001. Our firm serves clients from our Rockville office and throughout Montgomery County, Maryland. Let us help you protect your rights and your relationship with your child.