southern
indiana
As technology continues to shape how families communicate, courts across Indiana increasingly encounter questions about virtual visitation, also known as digital parenting time, in child custody and parenting time matters. Video calls, phone calls, text messages, and other electronic communication tools now play a meaningful role in maintaining parent-child relationships, particularly when in-person parenting time is limited.
For parents involved in custody or parenting time disputes, understanding how Indiana courts approach virtual visitation is essential. As a trusted New Albany family law firm, Mattox & Wilson brings decades of experienced advocacy to every case, providing comprehensive legal services to clients with a focus on their unique needs. The firm offers a range of services to support clients in family law matters and beyond, ensuring personalized attention and guidance throughout the legal process.
This article explains how Indiana law addresses virtual visitation, when courts may allow or encourage it, and what parents should consider when requesting or responding to digital parenting time arrangements.
If you need assistance with a virtual visitation matter, we invite you to call our officed at 812-944-8005 to schedule a consultation with an experienced New Albany visitation attorney.
Virtual visitation refers to scheduled communication between a parent and child using electronic means rather than physical, in-person contact. Common forms of virtual visitation include:
Virtual visitation is most often used when parents live far apart, have demanding work schedules, or face temporary circumstances that limit in-person parenting time. While technology cannot replace face-to-face interaction, Indiana courts recognize that digital communication can help preserve meaningful parent-child relationships in such situations.
Virtual visitation is just one of many family law matters that can impact families. Our firm is experienced in addressing a wide range of family law matters, including divorce, child custody, and child support, always prioritizing the best interests of children.
Indiana law does not define “virtual visitation” as a separate legal category. Instead, digital parenting time falls under the broader concept of parenting time and parent-child communication governed by the Indiana Parenting Time Guidelines. As experienced family law attorneys, we can help interpret an explain how these guidelines apply to various situations.
Indiana courts use the term parenting time rather than visitation to emphasize that both parents play an active role in their child’s upbringing. Parenting time includes physical time spent together as well as reasonable communication when the child is not with a parent. Parenting time is a central issue in many family law cases, as it often determines how families navigate complex situations such as divorce, child custody, and support.
The Parenting Time Guidelines provide a framework for courts and families to structure parenting schedules, including communication between parents and children when they are apart. The guidelines emphasize that children benefit from frequent, meaningful contact with both parents when it is safe and appropriate to do so.
Indiana’s Parenting Time Guidelines state that both parents are entitled to reasonable communication with their child. This communication may occur by telephone or electronic means, including video calls and messaging platforms. Courts generally expect parents to allow such communication unless there is a compelling reason to restrict it.
Reasonable communication should not interfere with the child’s daily routine, school obligations, or bedtime. Parents are also expected to exercise good faith and cooperation in facilitating digital contact. Reasonable communication can be an effective solution for families seeking to maintain strong relationships despite physical distance.
Indiana courts may consider virtual visitation in a variety of custody and parenting time scenarios. While each case is evaluated individually, digital parenting time is most commonly addressed in the following circumstances. In these situations, the court’s primary concern is achieving a positive outcome for the child and family.
When one parent lives far away, either in another part of Indiana or in a different state, regular in-person parenting time may not be feasible. In these cases, courts often recognize virtual visitation as a way to maintain frequent contact between the child and the non-residential parent between physical visits. Consistent virtual visitation can help secure a positive future for the child by maintaining strong parental bonds.
If a parent relocates with a child following court approval or agreement, virtual visitation may become an important supplement to the modified parenting schedule. These arrangements can serve the interests of both parents and children during relocation by maintaining meaningful contact despite the distance. Courts may incorporate scheduled video calls or phone calls into the parenting plan to support ongoing involvement.
Parents with non-traditional or demanding work schedules may have difficulty exercising consistent in-person parenting time. In these situations, parents and their legal representatives often work hard to ensure meaningful contact is maintained. Virtual visitation may allow those parents to maintain contact with their child during times when physical parenting time is not possible.
In situations involving illness or other temporary safety concerns, virtual visitation may provide a short-term alternative to in-person contact while preserving the parent-child relationship. Virtual visitation arrangements can be adjusted or discontinued once the health or safety concerns are resolved.
Indiana courts apply the best interests of the child standard when deciding whether to include virtual visitation in a parenting time order. Factors that may influence a court’s decision include:
Courts generally view virtual visitation as a supplement rather than a substitute for in-person parenting time. In most cases, digital communication is intended to enhance a parent’s involvement, not replace physical time together. Parents should seek experienced legal counsel to ensure their interests and their child’s best interests are represented in court.
Parents who agree to or request virtual visitation should consider addressing the following issues clearly and in writing:
Mediation can be a valuable tool for parents to resolve disagreements and establish clear virtual visitation arrangements.
Specify how often virtual visitation will occur and how long each session will last. Clear expectations help reduce conflict and prevent misunderstandings.
Identify the preferred method of communication, such as video calls or phone calls. Consistency benefits children and helps parents plan accordingly.
Virtual visitation should be scheduled at reasonable times that do not interfere with school, extracurricular activities, or bedtime routines.
Indiana courts generally expect parents to allow private communication between a child and the other parent. Monitoring, interrupting, or recording conversations without justification may be viewed negatively by the court. Cooperation and understanding between opposing parties is essential to ensure virtual visitation is successful and conflict is minimized.
Although virtual visitation offers flexibility, it can also present challenges that courts and parents must address. Alternative dispute resolution methods, such as mediation or arbitration, can help families overcome challenges related to virtual visitation.
Not all families have equal access to reliable devices or internet connections. Courts may take these limitations into account when evaluating proposed virtual visitation arrangements.
Repeated failure to make a child available for scheduled virtual visitation may be considered unreasonable interference with parenting time. Documentation of missed communication attempts can be important if disputes arise.
High-conflict custody cases may require more detailed parenting time orders to reduce disputes over digital communication. In some situations, courts may impose specific guidelines to ensure consistency. In these high-conflict cases, a New Albany family law attorney may need to fight vigorously to protect their clients’ parenting time rights.
Parenting time orders in Indiana may be modified if there is a substantial change in circumstances and the modification is in the child’s best interests. Changes that may justify modification include:
A formal court order is required to modify parenting time, including any virtual visitation provisions. Working with an experienced lawyer can help ensure modifications are handled efficiently and in the child’s best interests.
Virtual visitation refers to parenting time conducted through electronic communication, such as video calls or phone calls, when a parent and child are not physically together. In divorce child custody cases, virtual visitation can help maintain a strong parent-child relationship when in-person visits are limited due to distance or scheduling conflicts.
No. Indiana law does not mandate virtual visitation, but courts may allow or encourage it when it serves the child’s best interests. Virtual visitation may be included in divorce, child custody, or paternity cases to support ongoing contact between parents and children.
In most cases, courts view virtual visitation as a supplement to in-person parenting time, not a replacement. However, in certain situations involving divorce, relocation, or unique family law matters, virtual visitation may play a larger role in maintaining parent-child contact.
Courts consider the child’s best interests, including age, distance between parents, communication history, and the impact on the child’s routine.
Unreasonably denying scheduled communication may be considered interference with parenting time and could lead to court intervention. In divorce, child custody, and child support cases, maintaining parent-child contact is important and generally seen as being in the best interest of the child in most circumstances.
In limited circumstances involving safety concerns, courts may impose conditions or supervision on digital communication.
Yes. Orders may be modified when circumstances substantially change and modification benefits the child.
A family law lawyer provides guidance and advocacy in all aspects of family law, including virtual visitation, divorce, child custody, child support, spousal support, property division, paternity, and marriage-related issues. Your attorney can help you negotiate, draft, and enforce virtual visitation agreements, and represent your interests in court if disputes arise.
Virtual visitation has become an important component of modern parenting time arrangements. Indiana courts recognize that digital communication can help preserve meaningful parent-child relationships when in-person time is limited. However, virtual visitation is generally viewed as a supplement, not a substitute, for physical parenting time. Parents involved in custody or parenting time matters should approach virtual visitation with clarity, consistency, and a focus on the child’s well-being. Well-drafted parenting plans and court orders can reduce conflict and provide stability for children.
If you have questions about virtual visitation, parenting time disputes, or child custody matters, speaking with a New Albany family law attorney at Mattox & Wilson can help. As a dedicated New Albany family law firm, we assist parents throughout Indiana with custody agreements, parenting time modifications, and enforcement issues. Contact Mattox & Wilson today at 812-944-8005 to discuss your family law concerns and learn how we can help protect your parental rights and your child’s best interests.