Introduction
In today’s digitally connected world, staying in touch across distances has become easier than ever—but for deployed military parents, consistent and meaningful contact with their children can still present legal and logistical challenges. Deployment does not terminate a parent’s rights, nor should it disrupt the vital emotional connection between a parent and child. In Florida, courts recognize this reality and increasingly support the use of virtual visitation, especially for military families navigating long separations.
Virtual visitation—also known as electronic communication or e-visitation—can include video calls, messaging apps, email, and other digital tools that allow a deployed parent to maintain a strong relationship with their child. However, these rights must be secured through clear and enforceable court orders. Without such an order, one parent may restrict or obstruct access, especially if the relationship between co-parents is strained.
A Tampa divorce lawyer with experience in military family law understands how to draft and obtain virtual visitation orders that reflect a deployed parent’s rights and the best interests of the child. This article explores the role of virtual visitation in Florida custody cases, the legal authority for such orders, how Tampa courts implement them, and what military parents should do before, during, and after deployment to preserve their relationship with their children.
What Is Virtual Visitation?
Virtual visitation refers to court-ordered time-sharing conducted through electronic means. It can include:
- Video calls (Zoom, FaceTime, Skype)
- Phone calls
- Text messages
- Emails
- Shared photo or video journals
- Online gaming or apps with chat features
For deployed military parents, virtual visitation can be a critical lifeline during long absences. It enables regular communication, helps maintain the parent-child bond, and allows the child to feel connected even while the parent is serving abroad.
A Tampa divorce lawyer can ensure that these rights are not only acknowledged but specifically included in the parenting plan to guarantee enforceability.
Florida Statutes and Virtual Visitation Authority
Florida law permits courts to include electronic communication provisions in parenting plans. Florida Statutes §61.13003 addresses the rights of a deployed military parent and includes provisions to ensure continued contact during absences.
Key points include:
- A parent’s military service may not be used as the sole factor to modify a parenting plan.
- Courts can authorize substitute visitation, including virtual communication, during deployment.
- Upon return, the original parenting plan must be reinstated unless otherwise ordered.
While Florida law does not explicitly use the term “virtual visitation,” the courts have authority to order regular, scheduled electronic communication as part of the parenting plan or temporary modification.
A Tampa divorce lawyer will rely on this statutory framework to request detailed orders protecting a deployed parent’s access.
Why Virtual Visitation Matters During Deployment
For military parents, deployment can last several months or even over a year. During that time, children grow, change, and go through emotional phases that benefit from continued parental involvement.
Virtual visitation allows deployed parents to:
- Maintain emotional bonds
- Attend milestones remotely (birthdays, school events, holidays)
- Provide emotional support
- Stay involved in academic progress
- Reinforce a continued role as a parent
Without court-ordered access, the non-deployed parent may limit or deny communication. A Tampa divorce lawyer helps ensure that deployed parents remain an active part of their children’s lives.
Challenges Unique to Military Parents
Deployments often involve:
- Time zone differences
- Limited internet access
- Military base restrictions on devices
- Unpredictable schedules
- Communication blackouts during operations
These challenges require flexibility in the parenting plan. Virtual visitation provisions should anticipate delays, missed connections, and the need for rescheduling.
A Tampa divorce lawyer will include “good faith effort” clauses, alternate contact windows, and fallback options to ensure that technological or military constraints don’t prevent contact entirely.
Drafting Virtual Visitation Orders: Best Practices
An effective virtual visitation order for a deployed parent should include:
- Specific Technology Platforms
Naming preferred or approved apps helps reduce disputes. - Scheduled Contact Times
Designated days and time windows, adjusted for deployment time zones. - Responsibility for Initiating Contact
Specify whether the child or deployed parent initiates and how the contact is to be facilitated. - Device Access Requirements
Require the non-deployed parent to ensure the child has access to a device and internet. - Notice and Flexibility
Allow the deployed parent to reschedule with advance notice if mission demands arise. - Non-Interference Clauses
Prohibit the other parent from obstructing, monitoring, or denying contact. - Emergency Provisions
Detail procedures for communication blackout periods or temporary military restrictions. - Reinstatement of Full Time-Sharing
Upon return from deployment, the original time-sharing schedule should resume.
A Tampa divorce lawyer ensures these provisions are not just aspirational but enforceable and practical based on the realities of deployment.
Temporary Modification Motions for Deployment
Under Florida law, a military parent may seek a temporary modification of the parenting plan before deployment. This modification can:
- Delegate physical time-sharing to a relative or stepparent
- Establish virtual visitation as the primary mode of contact
- Protect parenting rights from erosion due to absence
Once deployment ends, the court must reinstate the original plan unless continuation of the temporary modification is in the child’s best interest.
A Tampa divorce lawyer will file for temporary modification in advance of deployment to avoid last-minute conflicts and preserve parental continuity.
Enforcing Virtual Visitation Orders
If a co-parent refuses to facilitate virtual contact, enforcement remedies are available:
- Motion for Contempt: A court can find the noncompliant parent in contempt for violating the order.
- Make-Up Time: Courts may award additional contact upon return to compensate for lost communication.
- Attorney’s Fees: The violating parent may be ordered to pay the legal fees of the enforcing parent.
- Modification: Continued interference may justify a change in time-sharing terms.
A Tampa divorce lawyer will document violations, file appropriate motions, and advocate for prompt judicial intervention.
Proactive Steps Deployed Parents Should Take
To protect virtual visitation rights and maintain involvement, military parents should:
- Provide Deployment Orders to the Court
This shows proof of activation and supports temporary modification requests. - Initiate Legal Action Early
Don’t wait until the last moment. File for modification and virtual visitation before deploying. - Maintain a Consistent Communication Schedule
Children thrive on predictability. Stick to call schedules when possible. - Keep a Communication Log
Document all attempted and completed contact, including any interference or blocked access. - Use Shared Platforms
Tools like TalkingParents or OurFamilyWizard allow both parents to coordinate communication transparently. - Stay Involved With School and Health
Request electronic access to school portals and health updates if possible.
A Tampa divorce lawyer will help craft a plan that facilitates these steps while protecting the parent’s legal rights.
Common Disputes Over Virtual Visitation and How Courts Respond
Some of the most frequent disputes include:
- The other parent refusing to hand the child a phone or tablet
- “Forgetting” scheduled calls
- The child being “too tired” or “not in the mood” to talk
- Monitoring or interfering with conversations
- Canceling visits as punishment for other issues
Courts in Tampa take these violations seriously, particularly when they interfere with a deployed parent’s limited contact opportunities.
A Tampa divorce lawyer will present evidence of interference, request judicial findings, and ask the court to reinforce or expand visitation terms.
Co-Parenting Communication During Deployment
Successful virtual visitation requires some level of cooperation between co-parents. Even when the relationship is strained, co-parents can:
- Use neutral communication apps to coordinate contact
- Share updates about the child’s education, health, and activities
- Inform the deployed parent about significant events
- Maintain respect for the child’s relationship with both parents
A Tampa divorce lawyer may include dispute resolution clauses (such as mediation requirements) in the parenting plan to resolve communication breakdowns without constant litigation.
Virtual Visitation for Very Young Children
For infants and toddlers, virtual visitation may require creative solutions:
- Recording videos of the parent reading a story or singing a song
- Sending pictures and voice messages
- Scheduling short but frequent video calls
The non-deployed parent plays a larger role in facilitating these interactions. A Tampa divorce lawyer can propose parenting plan language that emphasizes the duty to promote bonding—even when the child is too young to engage independently.
Post-Deployment Reinstatement of Full Parenting Rights
Upon return from deployment, the deployed parent is entitled to resume the original parenting schedule. Florida law provides that temporary modifications related to military service must terminate once the service period ends.
If the other parent resists reinstatement, a motion may be filed to:
- Restore full parenting rights
- Request make-up time
- Address obstruction or noncompliance
A Tampa divorce lawyer can file for immediate reinstatement and seek judicial enforcement to avoid delay.
Real-World Scenario: Virtual Visitation Success in Tampa
A Navy reservist from Tampa received orders for a 9-month deployment to Bahrain. His ex-spouse initially refused to allow regular contact with their 10-year-old daughter, claiming it was disruptive to the child’s routine. The parenting plan did not specify electronic visitation.
With legal counsel, the reservist:
- Filed a motion to temporarily modify the parenting plan
- Requested a set schedule of three weekly video calls and open email access
- Presented evidence of military communications capability and child benefit
The Tampa court granted the motion, and the modified order enforced virtual visitation with strict compliance terms. Upon return, the original parenting plan was reinstated, and the father resumed full co-parenting responsibilities.
A Tampa divorce lawyer played a crucial role in asserting rights and securing enforceable court protections.
FAQ: Virtual Visitation Orders for Deployed Military Parents in Tampa
Is virtual visitation legally enforceable in Florida?
Yes. Florida courts can include virtual visitation in parenting plans, and violations can lead to contempt.
Can I get virtual visitation even if I’m not the primary custodial parent?
Yes. Deployment does not reduce your parental rights. You can request virtual access regardless of custody designation.
What if the other parent blocks my calls or won’t give the child a device?
You can file a motion for enforcement. Courts take obstruction of visitation seriously, especially during deployment.
Can I get a court order for video calls before I deploy?
Yes. You should request a temporary modification before leaving to ensure access is secured.
What if my child is too young for video calls?
You can record messages, send videos, and schedule short, age-appropriate interactions. The other parent must support these efforts.
Do I need a lawyer to request virtual visitation?
While not required, a Tampa divorce lawyer will draft enforceable language, file motions correctly, and ensure compliance.
Can my time-sharing be taken away because I’m deployed?
No. Florida law prohibits courts from penalizing a parent for military-related absences.
What happens when I return from deployment?
The original parenting plan resumes unless the court orders otherwise. File a notice and request reinstatement if needed.
Is virtual visitation a substitute for physical time-sharing?
No. It is a supplement during deployment. Physical parenting time resumes upon return.
Can I delegate my parenting time to a family member during deployment?
Yes, with court approval. You can assign your time-sharing to a grandparent or other trusted adult during your absence.
Deployment does not diminish a parent’s love, involvement, or rights—and the law recognizes that. Virtual visitation allows military parents in Tampa to stay connected, provide emotional support, and maintain a consistent presence in their children’s lives, even from thousands of miles away. With a properly drafted court order and strong legal advocacy, a deployed parent can overcome logistical barriers and continue being a reliable, loving force for their child. A skilled Tampa divorce lawyer ensures that these rights are protected, enforced, and restored at every stage of the deployment cycle.
The McKinney Law Group: Tampa Divorce Attorneys Providing Focused Legal Support
At The McKinney Law Group, we help individuals in Tampa face divorce with structure and strength. Whether your case is straightforward or complex, our team is committed to protecting your interests and helping you move forward with clarity.
We provide representation for:
✔ Divorce filing and case strategy development
✔ Custody and parenting plans tailored to your child’s needs
✔ Equitable division of assets and debts
✔ Alimony and support based on income and lifestyle
✔ Modifications to existing agreements as life evolves
Call 813-428-3400 or email [email protected] to schedule your consultation.