Parenting after divorce comes with challenges, especially when one parent lives far away or has a schedule that makes frequent in-person visits difficult. Virtual visitation allows parents and children to maintain a meaningful connection through video calls, messaging, and other forms of digital communication. In Texas, courts generally recognize the importance of virtual visitation as part of a comprehensive parenting plan. At Orsinger, Nelson, Downing & Anderson, we can help parents establish effective virtual visitation schedules that meet their family’s needs while still complying with relevant Texas laws.
Understanding Virtual Visitation In Texas
Virtual visitation, sometimes called electronic communication in Orders, refers to using technology to facilitate parent-child interactions, usually when physical visits are not practicable. Under Texas Family Code § 153.015, courts may order electronic communication as part of a parenting plan if it is in the child’s best interest.
Parents can use:
- Video calls through platforms like Zoom, FaceTime, or Skype
- Phone calls for regular check-ins
- Text messages and emails to stay in touch between visits
- Online games or shared apps for interactive engagement
Courts encourage virtual visitation as a way to maintain strong parent-child relationships, especially in cases where distance or work obligations significantly impact in-person visitation.
Factors Courts Consider When Granting Virtual Visitation
Texas courts prioritize the “best interests of the child” when making custody and visitation decisions. Judges will usually consider the following factors, among others, when approving virtual visitation:
- Parental cooperation – Whether both parents support consistent communication
- Technology access – Ensuring the child has reliable internet and a device for video calls
- Child’s age and preferences – Older children may benefit from more flexible virtual visits
- Parental availability – A parent’s willingness to be actively involved in the child’s life
- Potential for abuse – Preventing virtual visitation from being used for manipulation or interference with the other parent’s rights
If the court finds that virtual visitation serves the child’s best interest, it will usually be included in the final custody and visitation order.
How To Create An Effective Virtual Visitation Schedule
A virtual visitation schedule helps prevent conflicts and makes sure that the child has meaningful interactions with both parents. Here are key components to consider:
1. Establish A Consistent Routine
Children thrive on routine, so virtual visits should be scheduled at predictable times. Parents should agree on:
- Days and times for virtual visits
- Duration of each call (though flexibility is nice)
- How missed calls will be rescheduled
Keeping visits consistent reinforces stability and helps a child feel connected to both parents.
2. Define Acceptable Communication Methods
Both parents will ideally agree on which forms of communication will be used. A parenting plan should specify:
- Preferred video call platforms
- Whether text messaging is allowed
- Guidelines for social media interactions
Clear expectations help prevent disputes between the parties, ensure enforceable Orders, and ensure that both parents feel as comfortable as possible with how communication takes place.
3. Encourage Positive Interactions
Virtual visitation should focus on both maintaining and strengthening the parent-child bond. Parents can make the most of virtual visits by having thoughtful conversations. Ask about school, hobbies, and activities, and participate in shared experiences such as reading books, playing games, or watching shows together. It is important to keep discussions positive and child-focused while avoiding discussions of legal matters. By fostering a supportive and nurturing virtual environment, parents can help their children feel emotionally connected, even when physical distance prevents in-person visits.
4. Address Technology Issues
Technical problems can disrupt virtual visits, so parents should:
- Make sure that you have stable internet access
- Provide the child with a device for video calls
- Have a backup plan (such as phone calls) if issues arise
A reliable technology setup ahead of time will reduce frustration and make sure the virtual visits go smoothly in the moment.
5. Outline Enforcement And Dispute Resolution
To avoid conflicts, parents should include (or the Court should order) guidelines for handling disputes in their parenting plan. This may include:
- How to reschedule missed visits
- Steps to follow if a parent refuses virtual visitation
- Whether mediation will be used for disagreements
A clear enforcement plan helps prevent misunderstandings and ensures that virtual visitation remains a priority.
Virtual Visitation Frequently Asked Questions
Is Virtual Visitation Legally Enforceable In Texas?
Yes. Texas Family Code § 153.015 allows courts to include virtual visitation in custody orders. If the language in the Order is appropriately drafted and a parent refuses to allow scheduled virtual visits, the other parent can seek legal enforcement through the court.
Can A Parent Deny Virtual Visitation?
A parent cannot deny virtual visitation if it is included in the custody order and the appropriate language is included in the Order. However, if there are concerns about safety or misuse of communication, a parent can request modifications to the existing ordered terms through the court.
Can Virtual Visitation Replace In-Person Visits?
No. Virtual visitation is intended to supplement, not fully replace, in-person parenting time. Courts typically use virtual visitation to maintain parent-child relationships when physical visits are not practicable due to distance or scheduling conflicts.
How Often Should Virtual Visits Be Scheduled?
The frequency of virtual visits depends on the child’s age, school schedule, and parental availability—and, most importantly, what is ordered by the Court. Many parents schedule weekly or bi-weekly video calls and allow texting or phone calls in between. The goal is to maintain consistent and meaningful interactions.
What If My Ex Refuses To Allow Virtual Visitation?
If your ex refuses to comply with a court-ordered virtual visitation schedule, you may file a motion to enforce that Order. Courts take interference with parental rights seriously and may impose penalties on a non-compliant parent.
Does My Child Have A Say In Virtual Visitation?
Texas courts may consider a child’s wishes, especially for older children. However, parents must encourage and facilitate virtual visitation regardless of the child’s initial reluctance. Judges expect both parents to support the child’s relationship with the other parent—and to follow a Court’s orders.
Can I Modify A Virtual Visitation Order?
Yes. If circumstances change, a parent can request a modification of the custody Order. Common reasons for modification include changes in work schedules, relocation, or the child’s evolving needs.
Call Orsinger, Nelson, Downing & Anderson For A Consultation
Creating an effective virtual visitation schedule ensures that parent-child relationships remain strong, even when in-person visits are limited. If you need assistance crafting or enforcing a virtual visitation plan, we are here to help.
At Orsinger, Nelson, Downing & Anderson, we provide personalized legal guidance to parents throughout Texas. Contact our Dallas parenting plan attorneys by calling (214) 273-2400 to schedule a consultation. We represent clients from our offices in Dallas, Frisco, and San Antonio.