As Illinois divorce attorneys, we understand how emotionally difficult it can be for parents and children to adjust to life after divorce. Maintaining meaningful parent-child relationships is one of the top concerns our clients have during and after the divorce process. Fortunately, modern technology gives families more ways to stay connected, even when physical distance makes in-person visits challenging. One option that can help bridge that gap is virtual visitation, an increasingly common part of Illinois parenting plans.
Under Illinois law, parenting time arrangements are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), specifically 750 ILCS 5/602.5 and 750 ILCS 5/602.7. These statutes make it clear that parenting plans must reflect the child’s best interests and that courts should consider each parent’s ability to foster a relationship between the child and the other parent. This includes not only traditional, in-person visitation but also electronic communication.
Virtual visitation, also referred to as electronic communication, may involve video calls, text messages, emails, or other digital interactions between a child and a non-custodial parent. According to 750 ILCS 5/602.10(e), courts may consider whether electronic communication is appropriate and in the child’s best interests. In many situations, virtual visitation is an excellent supplement to in-person time, helping parents maintain bonds even when separated by distance, work schedules, or other challenges.
We’ve seen firsthand how virtual visitation supports the parent-child relationship after divorce. It allows parents who travel frequently or live in another city to read bedtime stories, help with homework, or just check in after school. And it can be especially useful when illness or weather makes in-person visits impractical. However, virtual time is not intended to replace in-person parenting time; it is a supplement, not a substitute.
When building or modifying a parenting plan, it’s important to clearly define the scope of virtual visitation. We work with clients to ensure that parenting plans address frequency, duration, the platforms used (such as FaceTime, Zoom, or Skype), and any agreed-upon rules for conduct. For example, one parent may want the child to have quiet time before a virtual visit or limit screen time in the evening. Putting expectations in writing can help avoid future disputes.
Courts may also consider whether both parents have access to the necessary technology and whether the child is old enough to participate effectively in video calls. Illinois courts focus on the child’s needs first and foremost. If virtual visitation is likely to benefit the child and can be facilitated without conflict, the court is likely to approve it.
It’s important to note that virtual visitation cannot be used to monitor or control the other parent. Parents are expected to respect boundaries and focus on building healthy communication with their children. If conflicts arise over how virtual time is being used, or misused, we assist our clients in seeking legal remedies or modifications as needed.
As divorce lawyers serving families throughout Illinois, we’re committed to protecting your rights and helping you stay close to your children. Whether you are creating a new parenting plan or need to enforce or modify an existing one, we can help ensure that your voice is heard and your relationship with your child is supported.
Virtual visitation, also called electronic communication, is a way for a parent and child to stay connected through video calls, phone calls, texts, or email when they are not physically together. Illinois courts allow virtual visitation as part of parenting plans under 750 ILCS 5/602.10(e), as long as it serves the child’s best interests. While not ideal, it is a useful tool in certain cases.
Yes, if virtual visitation is included in a court-approved parenting plan, both parents are required to follow it. If one parent denies access or refuses to cooperate, the other parent can file a motion with the court to enforce the agreement.
No. Virtual visitation is not meant to replace regular in-person parenting time. Courts in Illinois treat it as a supplement, not a substitute. A parent cannot use virtual visitation to justify fewer physical visits or avoid travel responsibilities.
Yes. If the court believes that virtual visitation is in the child’s best interests and both parents have access to the required technology, the judge may include electronic communication in the parenting plan, even over one parent’s objection.
Illinois courts look at the child’s age and developmental needs, the availability and reliability of technology, the willingness of each parent to cooperate, and whether the communication benefits the child’s emotional well-being. The court must always act in the child’s best interests under 750 ILCS 5/602.7.
In some cases, yes. If the court believes supervision is necessary to protect the child, it may order monitored virtual visits. This can be common in situations involving parental conflict, abuse allegations, or if the child is very young and needs assistance.
Generally, children are expected to follow the parenting plan approved by the court. However, if a child consistently resists virtual visits, the court may review the circumstances to determine if a change to the parenting plan is appropriate. The child’s wishes may be considered depending on their age and maturity.
A detailed parenting plan should include the type of electronic communication allowed, the frequency and duration of virtual visits, specific time frames, and any rules for conduct. This can help reduce confusion and conflict between parents.
If a parent refuses to allow scheduled virtual visits or interferes with communication, the other parent can request court enforcement. Violating the parenting plan can result in legal consequences, including contempt of court.
You can file a petition with the court to modify your parenting plan if circumstances have changed. This may include a move, work schedule changes, or the child’s needs. We help our clients present strong cases to the court for parenting plan modifications.
At Gordon & Perlut, LLC, we understand how important it is to stay connected with your child after divorce. If you’re looking to include virtual visitation in your Illinois parenting plan, or need help enforcing or modifying an existing plan, our attorneys are ready to support you every step of the way.
We represent clients across Illinois and offer a free phone consultation to discuss your case. Contact our Chicago parenting time lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to arrange a free consultation.
