Illinois Divorce Lawyer Blog
Do you have questions about the use of Facetime, Zoom or similar forms of video parenting time with your kids?
Here’s a hopefully helpful article from family lawyer Michael Roe about the use of these technologies.
Divorce law in Illinois continues to evolve with technology and changing family dynamics. One of the most significant emerging topics in recent years involves virtual parenting time — the use of electronic communication methods (such as video calls, phone calls, or messaging) to facilitate parent–child contact when in-person parenting time is not possible. As families navigate long distances or busy schedules, this development has become a vital aspect of maintaining healthy parent–child relationships after divorce.
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) expressly recognizes electronic communication as a component of parenting time. Under 750 ILCS 5/602.3, Illinois courts may order reasonable electronic communication between a parent and a child, provided that such contact serves the child’s best interests. The statute defines electronic communication broadly — including phone calls, email, instant messaging, and video conferencing — and allows courts to regulate its frequency, duration, and monitoring.
Illinois courts approach virtual parenting time within the same legal framework governing all child-related decisions — the best interests of the child standard under 750 ILCS 5/602.7. Courts consider factors such as:
- The child’s age and developmental needs;
- The distance between parents;
- The parents’ cooperation and communication skills;
- Whether electronic communication supplements — rather than replaces — in-person visits.
In In re Marriage of Coulter, 2019 IL App (2d) 180868, the appellate court emphasized that while virtual parenting time is a useful supplement, it may not substitute for consistent physical parenting time. Courts have also encouraged the use of secure, child-appropriate digital platforms to preserve privacy and avoid misuse.
The growing acceptance of virtual parenting time offers flexibility for co-parents dealing with travel constraints, military deployments, or relocation. Attorneys drafting parenting plans should consider:
- Detailing technology specifications — listing approved communication methods and ensuring both parents have access to compatible technology.
- Scheduling — establishing predictable times to avoid intrusions during the other parent’s allocated parenting time.
- Supervision clauses — determining whether electronic contact should be monitored for younger children.
Virtual communication also intersects with relocation law under 750 ILCS 5/609.2, which permits digital contact to help mitigate the impact of physical distance when a parent is allowed to relocate.
Conclusion
Virtual parenting time reflects Illinois’s broader commitment to fostering ongoing parental relationships even amid the challenges of post-divorce life. Video parenting time, in Michael Roe’s opinion, is not a substitute for actual in person parenting…it serves to support the overall need for kids to have regular and meaningful parenting time with a parent who may live some distance away. As technology continues to advance, Illinois courts are expected to further define how these tools integrate within family law orders. For now, parties and their counsel should approach virtual visitation with detailed, child-focused provisions and awareness of judicial trends.