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What is virtual vis itation and does it work?

Virtual vis itation is becoming more and more popular across the country these days, even without parents seeking approval from the court. Virtual vis itation is defined pretty much how you would expect; it involves contact between child and parent via email, video chat and instant messaging. Many states are allowing this newer form of vis itation to be included in a child custody order or parenting agreement.

For the most part, a request for virtual vis itation is usually made by the non-custodial parent when the custodial parent seeks to relocate with the child. Because of the relocation, the normal agreed upon vis itation schedule will no longer be able to work for the non-custodial parent. Virtual vis itation requests can also be made during cases involving unmarried fathers, non-divorce cases and in new child custody and vis itation requests.

In the state of New York, there have yet to be any virtual vis itation laws passed by the legislature. Even though there aren’t any laws governing virtual vis itation on the books in New York, many family courts are ruling in favor of using technology as a method to extend vis itation rights of parents.

Virtual vis itation is not meant to replace traditional vis itation when it comes to child custody agreements. Instead, it is meant as a supplement to traditional vis itation. When ruling in favor of virtual vis itation, the family court will look for both parents to permit to virtual vis itation, make the virtual vis itations available within reason and allow communication with the child that is not censored.

When a family court is determining whether or not to allow virtual vis itation, it will take into account the best interests of the child, just like a traditional child vis itation agreement. The court will also not likely grant virtual vis itation if traditional vis itation would not have been granted.

Virtual vis itation benefits include the following:

— Discuss daily activities

— See the smile of the child

— Witness sporting events, concerts, plays and other events of the child

— Helping with homework

Virtual vis itation continues to expand. An attorney can help you to see if this is a child vis itation option for your case.

Source: FindLaw, “Virtual Vis itation,” accessed March 24, 2017

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

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May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP


Should you have any questions please feel free to contact us at 845-566-5345

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