Virtual Visitation Rights in Florida
Not all parents have the option of being physically present in their child’s life. Some live too far away or had to move for work. This presents serious challenges, but modern technology has provided some answers. To account for this issue, Florida enacted a virtual visitation law also known as the electronic communication statute. This law helps to resolve issues between separated parents related to phone calls, text messages, and video chats with their children. In this article, the Tampa child custody lawyers at Westchase Law, P.A. will discuss what important things parents need to know about virtual visitation rights in Florida.
Understanding the basics of virtual visitation rights
Under Florida Statutes § 61.13003, virtual visitation is defined as any form of electronic communication that can be used to facilitate a positive, ongoing relationship between a parent and a child that lives in another home. In this case, the State of Florida uses a broad definition of the types of electronic communication that can be used for virtual visitation. These include:
- Telephone calls
- Text messages
- E-mails
- Internet-based messaging apps
- Facebook or other social media sites
- Skype and other video messaging services
According to Florida law, electronic communication is a part of overall visitation rights. Any virtual visitation that is set by the court or voluntarily agreed to by both parties in mediation is considered parenting time under the law. For example, if one parent lives far away from their children and doesn’t get a lot of physical time to share, a Florida court will generally be more sympathetic to the notion that they require specific and well-defined virtual visitation times.
How do the Florida courts approach virtual visitation?
Florida uses the “best interests of the child standard” so, the most important thing to understand is that the Florida courts will always place an emphasis on the health, safety, and emotional well-being of the child. What the parents want is a secondary consideration. When the Florida courts create a virtual visitation or electronic communication agreement, they are required to ensure that:
- The virtual visitation agreement is in the best interests of the child
- Any court-required visitation is reasonable and practical when considering the circumstances of the case
Parents can often work together to achieve the best resolution by working collaboratively with one another to craft an electronic communication agreement that meets their specific needs. The Tampa child custody lawyers at Westchase Law, P.A. can help parents negotiate the terms of an electronic visitation schedule.
Talk to a Tampa, FL Child Custody Attorney Today
If you’re moving away from your children, then you might want to have the courts clearly define a virtual visitation schedule for you. Call the Tampa, FL family lawyers at Westchase Law, P.A. today to schedule an appointment, and learn more about how we can help.
