The National Center for State Courts reports that approximately 35 million kids have parents who are divorced, separated or never married. Illinois law says that the non-custodial parent is entitled to reasonable visitation with the child, unless the court concludes that allowing visitation would place the child in physical, mental or emotional harm. Crafting a visitation schedule when both parents live in the same city can be a challenge. When one parent needs to move a long distance from the child, it can significantly complicate the situation.
Even when divorcing parents amicably design a visitation schedule that works smoothly, changed circumstances can require a significant overhaul of a visitation plan. Foreclosure, job promotion, physical illness, extended unemployment and foreclosure can cause a custodial parent to petition the court for approval to move out-of-state. The court must carefully evaluate if the move is in the best interests of the child (BIC) and how it impacts the visitation rights of the non-custodial parent.
Illinois law defines visitation as in-person time spent between the child and non-custodial parent. In 2010, Illinois expanded its definition of visitation by enacting a law recognizing electronic or virtual visitation.
According to the law, visitation includes when a parent communicates with a child who is not physically present through electronic technology. The recognized forms of e-communication include:
Although virtual visitation can assist in designing a long distance visitation plan under special circumstances, it is not a replacement for in-person visitation.
If you are in the divorce process in Cook County or having to alter an existing visitation agreement, you may benefit by consulting an experienced Skokie divorce attorney.