In today’s mobile world, families are more geographically dispersed than ever. Whether it’s for a new job, military deployment, family obligations, or a fresh start after divorce, one parent moving away from the child’s primary residence has become increasingly common. Long-distance parenting introduces a unique set of challenges in Florida custody cases, particularly when it comes to maintaining meaningful contact between the child and the non-residential parent.
Thankfully, advances in communication technology have given rise to a solution that helps bridge the physical gap—virtual visitation. Also known as electronic or e-visitation, this concept allows parents and children to stay connected through video calls, phone calls, email, and messaging. Florida courts, including those in Tampa, have recognized the value of virtual visitation and often include it as a component of long-distance parenting plans.
Whether you’re preparing for relocation, facing long-distance parenting challenges, or involved in a custody modification, understanding your rights and responsibilities under Florida law is essential. A skilled Tampa divorce lawyer can help you craft a plan that promotes strong parent-child relationships—even when hundreds or thousands of miles apart.
What Is Virtual Visitation?
Virtual visitation refers to court-approved, technology-based communication between a parent and child, used to supplement in-person time-sharing. Common methods include:
- Video calls (FaceTime, Zoom, Skype)
- Phone calls
- Text messaging
- Emails
- Shared online journals or photo apps
Virtual visitation is not a substitute for regular parenting time, but rather an addition to it. It is designed to preserve the child’s emotional connection with the non-custodial parent, particularly when distance, scheduling, or other barriers make frequent in-person visits difficult.
A Tampa divorce lawyer can help you propose virtual visitation in a parenting plan, request court-ordered virtual contact, or seek enforcement if your co-parent is interfering with access.
When Is Virtual Visitation Appropriate?
Virtual visitation is often implemented when parents live far apart or when work schedules and logistics prevent regular contact. Common scenarios include:
- One parent relocating more than 50 miles away
- Out-of-state or international parenting situations
- Military service or overseas deployment
- Long work shifts or inconsistent job schedules
- Health or mobility issues preventing frequent travel
Even in local cases, virtual visitation can help reinforce the bond between parent and child during periods of physical separation, such as school nights, long vacations, or illness.
A Tampa divorce lawyer can help assess whether virtual visitation is appropriate and how to best structure it within the parenting plan to ensure consistency, enforceability, and clarity.
Virtual Visitation in Florida Law
Florida does not have a separate statute that exclusively governs virtual visitation, but it is recognized under the broader parenting plan framework outlined in Florida Statute §61.13. This statute requires that all parenting plans address how parents will communicate with the child—including technology-based access.
Courts in Tampa have broad discretion to include virtual visitation in time-sharing orders, particularly when it supports the child’s best interests. Judges evaluate virtual access based on:
- The child’s age and developmental needs
- The reliability and behavior of both parents
- The availability of appropriate technology
- The degree to which virtual contact fosters a meaningful relationship
- The parents’ willingness to cooperate in scheduling
A Tampa divorce lawyer can draft a comprehensive virtual visitation provision that reflects your child’s age, the technological abilities of both parents, and the practical realities of long-distance parenting.
Crafting a Virtual Visitation Clause
When included in a parenting plan, a virtual visitation clause should be specific, enforceable, and aligned with the child’s daily routine. A generic provision like “reasonable virtual contact” is ripe for disputes and often leads to confusion or non-compliance.
Key elements to include:
- Frequency and Duration: How often will the calls take place? Daily, weekly, before bed? How long will each session last?
- Platform and Technology: Specify which tools will be used—FaceTime, Zoom, Google Meet, or another mutually agreed-upon app.
- Supervision (if applicable): Will the other parent be present during the call? Should the child be in a private space to talk freely?
- Start and End Times: Be clear about the window of time for each call and who initiates the contact.
- Make-up Visits: What happens if the call is missed due to illness, travel, or internet outages?
- Prohibitions: Rules against recording calls, placing the child on speakerphone, or allowing third parties to participate without consent.
- Good Faith Requirement: Language that requires both parties to act cooperatively and not interfere with the child’s right to virtual contact.
A Tampa divorce lawyer can tailor this provision to your specific circumstances and file it as part of your court-approved parenting plan.
Benefits of Virtual Visitation
When structured correctly and supported by both parents, virtual visitation offers significant benefits for the child and non-custodial parent alike.
1. Maintains Emotional Bonds
Children benefit from continued communication with both parents. Virtual visits allow parents to be involved in everyday activities such as homework, bedtime stories, or simply checking in after school.
2. Increases Consistency
Regular virtual contact provides structure and helps the child anticipate communication, creating a sense of security and routine.
3. Reduces Parental Conflict
By scheduling and structuring virtual visitation, misunderstandings and spontaneous disputes can be avoided. Court-ordered guidelines eliminate guesswork and prevent one parent from unfairly denying access.
4. Allows for Greater Flexibility
Technology can be adapted to the family’s needs. Calls can be shorter and more frequent, scheduled around school activities, or adjusted during vacations.
5. Supports the Child’s Right to Both Parents
Florida courts prioritize meaningful, ongoing relationships between children and both parents. Virtual visitation ensures that distance does not become a barrier to that relationship.
A Tampa divorce lawyer can show the court how a proposed virtual visitation schedule will benefit the child, especially in contested cases involving relocation or long-distance custody.
Challenges and Limitations of Virtual Visitation
Despite its advantages, virtual visitation is not without limitations. It should not be seen as a replacement for in-person time-sharing. Florida courts make this clear, and judges are cautious about using virtual contact to diminish a parent’s physical presence in the child’s life.
Some common challenges include:
- Technical Issues: Internet outages, poor connections, and device incompatibility can frustrate communication.
- Age of the Child: Toddlers and very young children may struggle to stay engaged over video, reducing the quality of the interaction.
- Parental Interference: One parent may “forget” to make the child available, ignore scheduled calls, or create a hostile environment during calls.
- Emotional Limitations: Virtual interaction lacks the emotional warmth of in-person time and may not fully satisfy the child’s need for connection.
To mitigate these problems, a Tampa divorce lawyer can help you request enforcement, build in safeguards, and propose appropriate remedies for repeated violations.
Long-Distance Parenting Plans in Tampa
When one parent moves away, crafting a practical and equitable parenting plan becomes more complex. Florida law allows relocation of more than 50 miles with either the other parent’s consent or a court order. If relocation is granted, the time-sharing schedule typically shifts from frequent visits to longer, less frequent blocks of time—such as summer vacations, spring break, and alternating holidays.
In these cases, virtual visitation becomes a critical bridge to fill the gaps between in-person contact.
A comprehensive long-distance parenting plan should address:
- Travel logistics and expenses
- Summer and holiday schedules
- Virtual visitation frequency during the school year
- Notification requirements for travel and schedule changes
- Access to school and medical records
- Dispute resolution protocols
A Tampa divorce lawyer can help draft a plan that is child-focused, realistic, and capable of withstanding future disputes or enforcement actions.
Virtual Visitation as a Temporary Tool
In some cases, virtual visitation is used as a temporary measure while in-person parenting time is restricted. This might include situations where:
- A parent is recovering from illness or surgery
- The child or parent is quarantining due to illness
- There are safety concerns pending court review
- A new parenting plan is being negotiated or under temporary suspension
- A parent is incarcerated or deployed
Courts often grant virtual contact in these situations to maintain the parent-child relationship. A Tampa divorce lawyer can advocate for virtual visitation as a temporary solution or in combination with a reunification schedule, supervised time-sharing, or therapeutic counseling.
Enforcement of Virtual Visitation Orders
If one parent is denying or obstructing virtual visitation, you have legal options. Violating a court-ordered parenting plan—whether the issue is in-person or electronic contact—is grounds for enforcement.
You can file a Motion for Contempt or a Motion to Enforce the parenting plan. The court may impose:
- Make-up virtual or in-person time
- Fines or sanctions
- Attorney’s fees
- Supervised visitation
- Modifications to the parenting plan
- Mandatory use of co-parenting apps or communication tools
A Tampa divorce lawyer can guide you through this process, ensuring you follow proper procedures and present persuasive evidence.
Using Co-Parenting Apps for Virtual Visitation
Apps like OurFamilyWizard, TalkingParents, and AppClose are often integrated into parenting plans to streamline communication and document compliance. These tools help manage:
- Scheduling of virtual visits
- Confirming participation or cancellations
- Secure, court-admissible messaging
- Sharing photos, school reports, or medical updates
A Tampa divorce lawyer can help you incorporate these tools into your parenting plan and use them as evidence if litigation becomes necessary.
Virtual Visitation and Modification of Custody
In some cases, consistent denial of virtual visitation can become a basis for modifying the parenting plan. If a parent repeatedly interferes with court-ordered contact, it may suggest an unwillingness to foster the child’s relationship with the other parent—something Florida courts view unfavorably.
A pattern of interference can support a claim for:
- Expanded time-sharing for the compliant parent
- Transfer of decision-making authority
- A change in primary residence
A Tampa divorce lawyer can help document the violations and pursue modification when it serves the best interests of the child.
FAQ
Q: Is virtual visitation legally enforceable in Tampa?
A: Yes. When included in a court-approved parenting plan, virtual visitation carries the same legal weight as in-person time-sharing.
Q: Can I record virtual visits for court purposes?
A: Not without consent. Florida law generally prohibits recording audio without both parties’ agreement. Consult a Tampa divorce lawyer before recording any calls.
Q: What happens if my co-parent refuses to make the child available for virtual visits?
A: You can file a Motion for Contempt or Enforcement. A judge may impose penalties or modify the parenting plan.
Q: Is virtual visitation a substitute for in-person time?
A: No. Florida courts use it to supplement, not replace, in-person time-sharing—especially in long-distance parenting arrangements.
Q: What age is appropriate for virtual visitation?
A: Children of all ages can benefit, but the format and frequency may be adjusted for infants, toddlers, or teens.
Q: Can I include video calls in a new parenting plan?
A: Yes. A Tampa divorce lawyer can draft specific virtual visitation provisions tailored to your family’s needs.
Q: What if the other parent interferes with virtual visitation during my scheduled time?
A: Document each instance and contact your lawyer. Repeated interference may justify court action.
Q: Can we use co-parenting apps to manage virtual visits?
A: Yes. Many apps allow scheduling and messaging related to virtual contact and can be referenced in court if needed.
Q: Can a judge require virtual visitation during temporary restrictions?
A: Absolutely. Virtual visitation is commonly ordered during emergencies, relocations, or temporary suspensions of in-person visits.
Q: How can a Tampa divorce lawyer help with virtual visitation issues?
A: Your lawyer can draft enforceable clauses, seek court orders, document violations, and advocate for your parental rights in court.
Virtual visitation is a powerful tool for maintaining strong, healthy parent-child relationships across distance and time. While it can never replace the value of in-person interaction, it provides an essential connection that promotes consistency, emotional support, and shared milestones. Whether you are negotiating a new parenting plan, responding to a relocation, or seeking enforcement of existing orders, a Tampa divorce lawyer can help you craft and protect a virtual visitation schedule that keeps your family connected—no matter the miles in between.
The McKinney Law Group: Divorce Attorneys in Tampa Who Help You Prepare for What’s Next
Divorce is more than a legal process—it’s a life transition. At The McKinney Law Group, we help Tampa clientsnavigate that transition with strength, clarity, and a long-term plan that supports your financial and emotional well-being.
We assist with:
✔ Equitable distribution of assets and liabilities
✔ Protecting your rights in complex property division
✔ Alimony solutions based on your needs and lifestyle
✔ Parenting plans that support long-term family stability
✔ Post-divorce support to help you move forward confidently
Call 813-428-3400 or email [email protected] to schedule your consultation.