Family law has never been static, but few developments have reshaped it as profoundly as technology. Over the past decade—and especially in the years following the COVID-19 pandemic—Georgia courts have increasingly recognized “virtual visitation” as a legitimate component of child custody orders. Once viewed as a temporary solution, video calls, text messaging, and online communication platforms have now become integral tools for maintaining parent-child relationships in a digital world.
But this shift raises essential questions about privacy, enforcement, and parental rights. As technology evolves faster than legislation, judges and attorneys are left to interpret how virtual contact fits within Georgia’s existing custody framework.
What Is Virtual Visitation?
Virtual visitation, also known as electronic visitation, refers to court-approved contact between a parent and child using digital means—such as FaceTime, Zoom, Skype, texting, or email. It’s typically used to supplement, not replace, in-person parenting time.
Under O.C.G.A. § 19-9-3, Georgia courts determine custody based on the best interests of the child, emphasizing frequent and continuing contact with both parents when possible. Virtual visitation is an increasingly common method for preserving that contact, especially when distance, work schedules, or military deployment make physical visitation difficult.
The concept gained momentum nationwide in the early 2000s, with states like Utah and Wisconsin codifying electronic communication rights. Georgia has not passed specific legislation on the issue, but courts have shown flexibility in adapting parenting plans to include it when appropriate.
Technology’s Double-Edged Role in Custody Arrangements
At first glance, digital communication seems like an easy solution to a difficult problem. It allows parents who live hours apart—or even in different time zones—to maintain meaningful interactions with their children. For example, a deployed military parent can read bedtime stories over Zoom or attend virtual school events.
Yet, the legal and emotional implications are more complex than they appear.
According to the American Bar Association, the expansion of virtual visitation raises issues surrounding:
- Privacy: Monitoring or recording calls can violate a parent’s or child’s privacy.
- Boundaries: Some parents use technology to overreach or manipulate, calling excessively or outside agreed hours.
- Enforcement: Unlike in-person visitation, virtual contact is harder to enforce when one parent ignores or sabotages the schedule.
In contested custody cases, these disputes often mirror larger patterns of conflict and control, requiring judicial intervention or modification of orders.
The Georgia Courts’ Approach
Georgia courts evaluate virtual visitation requests through the same lens as any custody issue—the best interests of the child. Judges consider factors such as the child’s age, the parents’ communication habits, and the feasibility of technological access.
For example, a 2023 Fulton County case involved a mother who moved to South Carolina for work. The court granted her relocation request but modified the parenting plan to include daily FaceTime calls with the child and weekend video sessions with both parents present. The judge ruled that digital access “helped preserve continuity and emotional stability for the child” without replacing physical contact.
While not binding precedent, cases like these signal a judicial trend toward recognizing virtual visitation as a viable legal right—particularly when it enhances, rather than disrupts, a child’s relationship with both parents.
Privacy and Digital Oversight
Virtual visitation also intersects with digital privacy concerns. Some parents attempt to record or screenshot calls to document alleged misconduct or verify compliance, a practice that courts generally discourage. The Electronic Frontier Foundation (EFF) has cautioned that unauthorized recordings could violate wiretap laws or privacy statutes, depending on state consent requirements.
Attorneys often advise parents to include clear language in custody agreements addressing digital privacy, communication frequency, and the child’s comfort level. This prevents one parent from using technology as a weapon in ongoing custody disputes.
What This Means for Parents in Georgia
As virtual visitation becomes normalized, parents must adapt not only their communication habits but also their legal strategies. Judges increasingly expect parents to demonstrate flexibility and good faith in facilitating digital contact. Failure to do so can reflect poorly in modification hearings or future custody reviews.
For parents struggling to navigate these new realities, consulting with an experienced family law attorney is essential. Legal counsel can help structure parenting plans that protect a child’s wellbeing while ensuring fair access for both parents.
Final Thoughts: The Future of Custody Is Hybrid
The rise of virtual visitation reflects a broader truth: modern custody arrangements must balance technology, distance, and emotion. What began as a pandemic workaround has evolved into a permanent fixture in family law, one that courts and parents alike are still learning to manage responsibly
For Georgia families facing these issues—whether during relocation, deployment, or post-divorce adjustment—legal clarity is key. To ensure your rights and your child’s best interests are protected, contact an experienced Atlanta child custody lawyer for guidance on crafting a fair, future-ready parenting plan.
