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 Wisconsin, virtual visitation is recognized as a form of visitation in child custody arrangements under the term 'electronic communication.' Wisconsin Statute § 767.41(4) allows courts to grant electronic communication between a parent and a child if it is in the child's best interest. This can include videoconferencing, instant messaging, and other forms of digital communication. The court considers various factors when determining whether to order virtual visitation, such as the availability of the technology to both parties, previous communication patterns, and whether the electronic communication is a reasonable substitute for physical interaction. The primary goal is to encourage regular and meaningful contact between the non-custodial parent and the child, especially when distance is a significant barrier to in-person visitation. However, virtual visitation is not intended to replace face-to-face interaction but rather to supplement it. The court also has the discretion to include provisions about virtual visitation in the parenting plan.