As family law attorneys practicing in Texas, we know it is for both parents and their children that they stay connected after a divorce or custody Order is entered. Physical distance, work obligations, or even school schedules can make regular in-person visitation more challenging than expected while the settlement is being negotiated. That is one reason why virtual visitation—sometimes called electronic communication or remote access—is becoming more common in agreed and court-ordered parenting plans across the state. The good news is that under Texas law, virtual visitation can be added to a parenting plan by court order or agreement between parties.
Whether you’re going through a divorce or modifying an existing plan, understanding how virtual visitation works—and how to properly include it in a parenting order—is key to protecting your parent-child relationship. Let’s take a closer look at how Texas courts handle this issue and what steps you can take to secure this type of visitation.
Texas Law On Virtual Visitation
Texas Family Code § 153.015 specifically addresses electronic communication between a parent and a child. The court may award virtual visitation if it finds that it is in the best interest of the child. This allows parents to request electronic contact, such as video calls, phone calls, emails, or other forms of digital communication, to supplement their in-person time with the child. Virtual visitation is also a possibility in situations where longer distances limit physical interaction.
It is important to understand that virtual visitation is not a substitute for physical custody, but it still can be a valuable tool to maintain emotional bonds, especially when parents live far apart or have demanding schedules.
When Virtual Visitation Makes Sense
There are several general situations where virtual visitation can be especially useful:
- One parent lives out of state or in another city
- Work schedules or deployments make in-person visits difficult
- A child has a busy school or activity schedule
- Health or travel concerns limit face-to-face interaction
In each of these cases, virtual communication can offer a meaningful way to stay involved in a child’s daily life. We’ve helped parents include in their agreements ordered video calls for scheduled bedtime stories, weekly phone check-ins, and even participation in school events through live video feeds.
How To Add Virtual Visitation To A Parenting Plan
To add virtual visitation to your parenting plan in Texas, the agreement must be formalized in a court Order. That means either including it in your original custody agreement or filing a petition to modify an existing Order.
We typically recommend outlining clear terms such as:
- The mode of communication allowed (e.g., FaceTime, Zoom, phone)
- Specific days and times for virtual visits
- Rules regarding parental supervision and privacy
- Terms for technology access and availability
The court will only approve the terms if they serve the child’s best interest under Texas Family Code § 153.002. As attorneys, we help our clients craft language that ensures fairness, clarity, and enforceability.
Overall, Courts Consider The Child’s Best Interests
When deciding whether to order virtual visitation, Texas courts prioritize the child’s needs above all else. That includes the child’s emotional well-being, the quality of the parent-child relationship, and the ability of both parents to facilitate communication. If the court believes that electronic communication will support the child’s development and maintain healthy contact with both parents, it will likely approve the request.
FAQs About Virtual Visitation In Texas Custody Cases
Can A Judge Order Virtual Visitation If The Other Parent Objects?
Yes. Under Texas Family Code § 153.015, the court can grant electronic communication even if one parent objects, as long as the judge believes it serves the best interest of the child. The court will look at the overall custody arrangement, the distance between the parents, and whether virtual contact will improve the parent-child relationship, among other factors.
Is Virtual Visitation Meant To Replace In-Person Parenting Time?
No. Virtual visitation is intended to supplement, not replace, physical custody or visitation. It helps maintain consistent contact, but is not a functional substitute for time spent together in person. Courts expect parents to continue fulfilling their in-person responsibilities unless there are extraordinary circumstances.
Can I Request Virtual Visitation As Part Of A Modification Case?
Yes. If your current custody Order doesn’t include virtual visitation, you can file a petition to modify the Order. You must show that a material and substantial change has occurred and that the requested modification to that prior Order is in the child’s best interest, consistent with Texas Family Code § 156.101.
What Happens If The Other Parent Refuses To Allow Scheduled Virtual Visits?
If virtual visitation is court-ordered and the other parent refuses to comply, they may be in violation of the custody order. This can lead to enforcement actions, including contempt of court, fines, and confinement of the offending party in extreme situations. If it is necessary, we can help you file a motion to enforce the visitation order and protect your rights.
Are There Any Requirements For Technology Access In Virtual Visitation Cases?
Courts may consider whether both parents and the child have reasonable access to the technology needed for virtual communication. That can include reliable internet, devices like smartphones or tablets, and the ability to use them appropriately. In some cases, the court may assign responsibility to one or both parties for providing the necessary tools.
Can Virtual Visitation Be Scheduled Daily?
Yes, it can—if both parents agree or the court finds it appropriate. Some families set up daily check-ins, especially when one parent lives far away. We often recommend scheduling specific days and times so the child has consistency and structure.
Does Virtual Visitation Apply To All Ages Of Children?
It can, but the child’s age and maturity level will affect how meaningful the interaction is. Younger children may need more guidance during calls, while older kids may engage more freely. Courts will weigh the child’s developmental stage when deciding how much electronic communication is appropriate.
Can I Include Virtual Visitation In An Out-Of-State Custody Order Enforceable In Texas?
Yes. If your custody order was issued in another state but is registered in Texas, it can be enforced here. Texas courts can also modify the order to include virtual visitation, provided jurisdiction requirements under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) are met.
Contact Orsinger, Nelson, Downing & Anderson To Discuss Your Parenting Plan
If you’re considering adding virtual visitation to your Texas parenting plan or need help enforcing or modifying an existing custody order, we’re here to support you. At Orsinger, Nelson, Downing & Anderson, we bring decades of experience to family law matters throughout Dallas, Frisco, and San Antonio. Contact our Dallas divorce lawyers by calling (214) 273-2400 to schedule a confidential consultation.