Alternatives to Visitation in the Event of a Divorce Case Study

Exclusively available on IvyPanda Available only on IvyPanda

In the event of a divorce, children and parents might be subjected to long-term emotional and social consequences. These challenges can be reduced if custodial and non-custodial parents maintain quality relationships with their children. Divorced families have to bear several challenges while living apart. For instance, geographical distances make visitation very difficult for divorced families. However, with the current advancements in technology virtual visitation has substituted and supplemented face-to-face personal visits (Elizabeth, 2005). Virtual visitation entails the use -of videoconferencing, emails, mobile phones, the internet, the web comes, and other related technologies to bridge communication between two or more individuals separated by geographical distances.

We will write a custom essay on your topic a custom Case Study on Alternatives to Visitation in the Event of a Divorce
808 writers online

Increasingly, divorced parents are seeking effective methods of communicating with their children. With virtual visitation, parents can virtually visit and relate to their children when face-to-face interaction is not an option. Unlike before, divorced parents can now be able to help their children solve their home works and guide them in their play stations using virtual visitation. In a globalized world, moving from one country to another has become a routine. In this regard, the adoption of virtual visitation by non-custodial distant divorced parents will be helpful. Using this scheme, non-custodial parents can maintain constant contact with their kids. Similarly, in the courts, the adoption of virtual visitation has played a huge role. Divorce lawyers assert that conflicts arise when custodial parents transfer far away from their ex-spouses. Since there are no laws that govern these transfers, several controversies arise when courts are settling these issues. On such occasions, the courts normally act in the interests of the children. This implies that the moving parent has to substantiate that the best interests of the children have prompted his or her transfer. The courts acknowledge that whenever custodial parents transfer from one place to the other visitation rights are often compromised. Therefore, the courts find the use of virtual visitation supplemented with face-to-face interaction as an innovative way divorced and distant parents can employ to stay in touch with their children. Based on the above arguments, virtual visitation is equally effective for the children, custodial parents, non-custodial parents, and courts because through this regular contacts can be maintained. In general, virtual visitation should be adopted in masses as it saves time and money.

Despite the effectiveness realized when virtual visitation is integrated with-face-to face contact, it should be noted that there are serious disadvantages associated with the scheme. Notably, it has been argued that malicious parents may employ this scheme to decrease their physical contact with their children and non-custodial parents. Through such practices, children and noncustodial parents’ emotions will be compromised (Neustaedter, 2010). Equally, critics argue that with the adoption of this scheme, malicious parents will adopt it and use it as an excuse to allow them to move far away from their ex-spouses denying them and their children their visitation rights. Through this, the courts are challenged to ensure that virtual visitation is used appropriately. Therefore, courts should stipulate appropriate measures to ensure that the adoption of this scheme is not used as a replacement to face-to-face contact and an excuse for relocation.

Another disadvantage associated with virtual visitation is the high cost of setting up the scheme. Divorced parents might be required to install costly systems for virtual visitation to be a reality (Neustaedter, 2010). As such, both the custodial and non-custodial parents might be required to purchase web cameras, computers, appropriate software, and other tools required for virtual visitation. Given the cost required to purchase, install, and maintain the schemes, virtual visitation might prove costly as compared to face-to-face interaction (Anne, 2004).

The Mason versus Coleman case illustrates the effectiveness of virtual visitation to divorced parents. According to the video, both parents are financially stable. However, the father earns more salary than the mother does. Equally, the video reveals that the children’s mother has been reducing her visitations. Mother-to-child interaction should be improved through virtual visitation. In my opinion, the defendant and the plaintiff, in this case, are both presenting genuine concerns. Therefore, in my perspective both parties’ arguments were compelling. As a result, the court should have awarded the two parents with joint custody. Through this, the two parents should adopt virtual visitation as a supplement to face-to-face contact for the benefit of their children.

Just like other emerging technologies, virtual visitation has moral, ethical, and legal issues (Luppino, 2012). It is unethical for custodial and non-custodial parents to use this scheme to achieve other aims that do not focus on the children’s interests. Equally, it is unethical for parents to use this scheme to reduce their physical contact with their children. Legally, courts should be the battlegrounds where issues concerned with virtual visitation are settled. Through this, courts should ensure that their decisions are reached based on the interests of the children. Notably, courts should provide sound decisions when virtual visitation cases presented before them involve relocation (Anne, 2004).

References

Anne, L. (2004). Virtual Visitation: How Will Courts Respond to a New and Emerging Issue?. Quinnipiac Probate Law Journal, 362(1), 360-367.

1 hour!
The minimum time our certified writers need to deliver a 100% original paper

Elizabeth, M. (2005). Live-Action Interaction: Virtual Visitation Diminishes Distances between Divorced Parents and Their Kids. ABA Journal, 24(1), 78-93.

Luppino, G. A. (2012). Family law and practice: the paralegal’s guide (3rd ed.). Upper Saddle River , N.J.: Prentice Hall.

Neustaedter, C. (2010). Connecting families the impact of new communication technologies on domestic life . London.

Print
Need an custom research paper on Alternatives to Visitation in the Event of a Divorce written from scratch by a professional specifically for you?
808 writers online
Cite This paper
Select a referencing style:

Reference

IvyPanda. (2022, September 15). Alternatives to Visitation in the Event of a Divorce. https://ivypanda.com/essays/alternatives-to-visitation-in-the-event-of-a-divorce/

Work Cited

"Alternatives to Visitation in the Event of a Divorce." IvyPanda, 15 Sept. 2022, ivypanda.com/essays/alternatives-to-visitation-in-the-event-of-a-divorce/.

References

IvyPanda. (2022) 'Alternatives to Visitation in the Event of a Divorce'. 15 September.

References

IvyPanda. 2022. "Alternatives to Visitation in the Event of a Divorce." September 15, 2022. https://ivypanda.com/essays/alternatives-to-visitation-in-the-event-of-a-divorce/.

1. IvyPanda. "Alternatives to Visitation in the Event of a Divorce." September 15, 2022. https://ivypanda.com/essays/alternatives-to-visitation-in-the-event-of-a-divorce/.


Bibliography


IvyPanda. "Alternatives to Visitation in the Event of a Divorce." September 15, 2022. https://ivypanda.com/essays/alternatives-to-visitation-in-the-event-of-a-divorce/.

Powered by CiteTotal, free citation website
If you are the copyright owner of this paper and no longer wish to have your work published on IvyPanda. Request the removal
More related papers
Cite
Print
1 / 1