When Should We Include Virtual Visitation in Our Custody Order?

 Posted on August 05, 2026 in Child Custody

Virtual visitation can be included in many families’ custody orders. It can be very helpful when a parent's job, location, or life circumstances regularly prevent in-person visits with their child.

If you're sorting out a custody arrangement in 2026, a Loudoun County, VA family law lawyer can help you figure out if virtual visitation is right for you.

What Is Virtual Visitation?

Virtual visitation refers to scheduled electronic contact between a parent and child. When it is included in a court order, both parents must follow it. Common examples include video calls, phone calls, text messaging, or other digital communication. It is a supplement to in-person parenting time, not a replacement for it.

Virginia does not have a law that deals only with virtual visitation. However, courts can include rules about parent-child communication in any custody order. Every custody decision in Virginia must support the best interests of the child under Virginia Code § 20-124.3. Courts usually believe that it is in the best interest of kids to have regular contact with both parents when suitable. Virtual visitation can help support this contact.

Who Can Benefit from Virtual Visitation Orders in Virginia?

Some situations are particularly suited to virtual visitation.

Long-Distance and Relocation Situations

Any time a parent lives in a different city, state, or country, virtual visitation can help the parent and child stay in touch. If one parent has moved or plans to move, adding virtual contact rules into a custody order can help prevent future conflict. It provides the child with consistent communication with that parent. It also prevents the need to go back to court later to add these provisions.

Virginia custody orders generally require a parent to give the other parent and the court at least 30 days’ written notice before moving. This may be a good time to discuss adding virtual visitation to the custody order.

Military Deployment or Frequent Job-Related Travel

Military parents and those in jobs that require a lot of travel may have significant gaps in in-person parenting time. Virtual visitation allows a deployed or traveling parent to maintain a consistent presence in their child's life. Many parents take the opportunity to read bedtime stories, help with homework, or simply check in. Courts usually accept these provisions for parents whose jobs creates frequent, expected absences.

Virtual visitation does not have to be limited to situations involving distance or travel. Some families find it useful even when both parents live nearby. Virtual visitation can also help when both parents live nearby. For example, a child might call or video chat with one parent while staying with the other. Including these calls in the custody order can create a clear routine.

What Should a Virginia Virtual Visitation Provision Include?

Vague language in visitation orders often creates more problems than it solves. A well-drafted virtual visitation clause addresses specifics so there is nothing to argue about. This often covers:

• What days and times calls will occur, and who initiates them.

• Which platform or platforms will be used.

• A minimum call duration.

• How much advance notice is required if a scheduled call needs to be moved.

• Whether the other parent may be present during calls, and in what capacity.

• Whether recording calls is permitted.

• What happens if technology fails, i.e., if a phone call substitutes for a missed video call.

Clear terms can also reduce the need to return to court because the parents disagree about how virtual visits should work. Specificity in an order creates clarity. It also avoids the need to go back to court to make repeated adjustments to an unspecific order.

Call a Fairfax, VA Custody Lawyer Today

Virtual visitation provisions can be great tools for many different families. An experienced Virginia custody lawyer can review the proposed schedule and help make sure the terms will work for your family.

Nicole M. Burns, Attorney at Law brings more than 15 years of family law experience to every custody matter and handles each case personally from start to finish. Call us at 703-373-4761 to schedule a consultation with our Loudoun County, VA family law attorney today.