Virtual visitation is a form of visitation in child custody arrangements, and relies on videoconferencing, videotelephony, and other technology to maintain the parent-child relationship when the parent and child are separated by significant distances. Virtual visitation may be a viable option for at least some visitation when the child lives in another city, town, or state with the custodial parent, or when one parent travels for work and is away from home for extended periods. Although virtual visitation has its limitations, some states have passed laws (statutes) that allow courts to order online/electronic/internet/virtual visitation. And some courts in states without specific laws on virtual visitation have considered or ordered it, based on the overarching standard of what is in the best interest of the child.
In Montana, while there is no specific statute that explicitly addresses virtual visitation, the state's family courts have the discretion to consider and include virtual visitation as part of a child custody arrangement. Montana courts focus on the best interest of the child when making custody determinations, as outlined in the Montana Code Annotated (MCA). If a court finds that virtual visitation would support the child's relationship with the non-custodial parent and is in the child's best interest, it may include provisions for video calls, messaging, and other forms of electronic communication in the parenting plan. This can be particularly relevant in cases where parents live far apart or when one parent has work commitments that involve travel. As with any custody-related matter, it is advisable for parents to consult with an attorney to understand how the principles of the best interest of the child may apply to virtual visitation in their specific circumstances.