Virtual parenting time is an option for divorced and separated parents in Illinois. The rules for this modern custody option are fundamentally the same as the rules for in-person parenting time—including the requirement to focus on the “best interests” of the children involved. When seeking virtual visitation, parents should ensure that they have the technology needed to connect with their children effectively.

As a parent, going through a divorce or separation can be difficult for lots of reasons. It can be even more difficult if you (or your spouse or partner) is planning to move away. In this scenario, you will need to develop a long-distance parenting plan, and your plan may need to include provisions for virtual parenting time, or virtual visitation.

 

Understanding Your Rights as a Divorced or Separated Parent in Lake County

Before we talk about the options for incorporating virtual parenting time into a long-distance parenting plan, we should first talk about your rights as a divorced or separated parent. In Lake County, both parents fundamentally have the same rights when it comes to spending time with and raising their children. While there is a common perception that mothers receive more favorable treatment than fathers, this is not the case in Illinois. Instead of focusing on parental roles, Illinois law focuses on the best interests of the children involved—as discussed in greater detail below.

This means that, as a baseline, both parents are entitled to equal parenting time after a separation or divorce. As you think about your options—including your options for virtual visitation—this is critical to keep in mind. While you should think about what is feasible for you, you should also think about what is best for your children, and you should focus on coming up with options that will work for all parties involved.

 

Understanding Illinois’s “Best Interests” Standard for Determining Parenting Time

In all child custody matters, Illinois law prioritizes protecting the best interests of the children involved. However, many parents are surprised to learn that it is not up to them to determine what is best for their children. Instead, when developing a parenting plan during a divorce or separation, parents must apply the “best interests” factors established in Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act. Some examples of these factors include:

  • Each parent’s wishes regarding parenting time;
  • The child’s needs;
  • The child’s adjustment to his or her home, school, and community;
  • The child’s wishes (in appropriate cases);
  • The distance between the parents’ residences following their divorce or separation;
  • The cost and difficulty of transportation; and,
  • The parents’ ability to cooperate in their parenting arrangement.

These particular factors can play a key role when it comes to virtual parenting time. Ultimately, however, divorcing and separating parents must consider the totality of all relevant factors to ensure that they are making informed decisions that comply with Illinois law.

 

Special Considerations for Virtual Parenting Time in Lake County

In general, the Illinois courts prefer in-person parenting time whenever it is feasible. However, the courts also recognize that in-person parenting time is not feasible in all cases, and they also recognize that, in some situations, a virtual visit will be the best option under the circumstances at hand.

When developing a post-divorce or post-separation parenting plan that includes virtual parenting time, parents will need to take into account some special considerations. These include, but are not limited to, special considerations related to technology.

For example, while Illinois law does not establish any specific technology standards for virtual parenting time arrangements, parents will need to ensure that they and their children have the necessary devices and reliable connectivity. Fortunately, this is easier today than ever before. But, there are still cost considerations involved; and, if a child will not have a reliable Internet connection at home, it may be necessary to install a land line or make arrangements for the child to have virtual visits at a local library.

In long-distance parenting scenarios, divorcing and separating parents will also need to make informed decisions about how much virtual visitation is appropriate. Generally speaking, virtual visitation should supplement—rather than replace—in-person parenting time. Taking into account travel time, the child’s access to school and friends, and various other factors, the parents will need to decide what is best for the child based on what they expect after their divorce or separation.

 

Options for Developing a Parenting Plan that Includes Virtual Visitation

When divorcing and separating parents are willing to work together, they have lots of options for developing a parenting plan that includes virtual visitation. As long as the parents put Illinois’s “best interests” factors first, they can come up with just about any arrangement that works for them and their children. Working together will be the best (and most cost-effective) option in most scenarios; and, even in highly-contentious divorces and separations, it will often be possible for the parents to find a way to come to terms.

 

How an Experienced Lake County Child Custody Lawyer Can Help

For parents who need to develop a long-distance parenting plan that includes virtual visitation, there are several important ways an experienced Lake County child custody lawyer can help. Some examples include:

  • Applying Illinois’s “best interests” factors based on the specific circumstances at hand;
  • Exploring options that the parents might not consider on their own; and,
  • Keeping the parents’ discussions civil and assisting with finding an amicable path forward.

With this in mind, if you are preparing to go through a divorce or separation that will involve developing a plan for virtual parenting time, we strongly recommend talking to a lawyer before you start the process. Our firm provides free initial consultations, and we are more than happy to help you make informed decisions about your next steps.

 

Request a Free Initial Consultation at The Law Office of Deanna J. Bowen

Do you need to know more about virtual parenting time in Illinois? If so, we invite you to get in touch. To request a free initial consultation at The Law Office of Deanna J. Bowen, please call 847-469-4771 or contact us online today.