“FaceTime Is Parenting Time”: Using Florida’s Electronic-Communication Statute for Virtual Visitation

Work assignments, military deployment, or a move across state lines can separate parents and children, yet the need for connection remains as strong as ever. For many families in Florida, maintaining meaningful parent-child relationships despite physical distance has become a real concern. The law has responded to this modern challenge by formalizing electronic communication – think FaceTime, Zoom, or even simple phone calls – as a recognized form of visitation. 

This article examines how Florida’s electronic-communication statute supports virtual visitation, what the law provides, and why “FaceTime is parenting time” is more than a catchy phrase. Understanding the nuances of this statute can help families keep bonds intact, regardless of the miles between them.

Why Virtual Visitation Matters

Physical separation between parents and children is not just a logistical challenge; it can have real emotional and developmental consequences. According to national statistics, nearly one in four children in the United States lives apart from at least one parent. Reasons for separation may include parental relocation, high-conflict divorces, or health issues that make in-person meetings almost impossible. 

In Florida, the situation is especially relevant given the state’s significant military population, high rates of interstate migration, and growing number of international families.

When parents cannot share the same physical space with their children, virtual visitation can serve as a bridge, enabling parents to participate in everyday moments – from helping with homework to reading a bedtime story. As Florida courts increasingly recognize, maintaining parent-child relationships through technology is not just convenient; it is often vital to the child’s best interests.

The Legal Framework: Florida Statute § 61.13003

Florida has taken clear steps to support virtual visitation by enacting Florida Statute § 61.13003. This law allows courts to order electronic communication as a component of parenting plans, provided it is in the best interests of the child. The statute addresses several key points:

First, it clarifies that virtual visitation is not a substitute for in-person contact but a supplement to it. Courts must consider whether electronic communication is appropriate by evaluating the child’s age, the quality of the parent-child relationship, and the safety of all parties. Importantly, if there is a history of substance abuse, domestic violence, or child abuse, the court may limit or deny virtual visitation to protect the child’s welfare.

In determining whether to grant electronic communication, the statute instructs judges to assess the availability, accessibility, and affordability of technology. Parents are not required to purchase expensive equipment or maintain high-end internet connections, but reasonable arrangements are expected. Courts may allocate the costs associated with virtual visitation based on each parent’s financial circumstances.

 Florida Statute § 61.13(3) further reinforces the primary focus: the best interests of the child must guide every decision regarding parental responsibility, time-sharing, and communication. This provision instructs courts to consider factors such as the capacity of each parent to foster a close relationship, the division of responsibilities, and the geographic realities impacting parenting plans.

Table 1: Key Provisions of Florida Statute § 61.13003 on Electronic Communication

Provision	Description
Purpose	Enables courts to order electronic communication between parent and child
Supplementary Role	Intended to add to, not replace, in-person time
Factors for Consideration	Child’s best interests, technology access/cost, history of abuse, parent-child relationship
Allocation of Costs	Court may assign costs based on parents’ financial resources
Limitations	May be restricted in cases involving abuse or substance issues

This statutory approach reflects Florida’s recognition of both the opportunities and limitations of digital connections between parents and children.

How Virtual Visitation Works in Practice

Virtual visitation is more than a legal concept – it is a practical tool used daily by families across Florida. Courts may order or approve a variety of electronic communication methods, depending on the circumstances of each case. FaceTime, Zoom, WhatsApp video, phone calls, text messages, email, and even online gaming sessions all fall under the umbrella of virtual visitation. The law leaves room for creativity, so long as the arrangement supports the child’s needs and the parent-child bond.

Virtual visitation proves especially valuable in specific scenarios. Parents who live in different states or countries, families affected by military deployment, or situations where a parent’s work requires frequent travel often rely on electronic communication to stay in touch. Health-related challenges, such as a pandemic or a child’s compromised immune system, may also make remote contact the safest and most practical option.

The court will generally set guidelines for how and when these visits take place. For example, a parenting plan might specify that one parent has a nightly FaceTime call to say goodnight, or a scheduled weekly video chat to catch up on school activities. Flexibility is encouraged, but clarity is critical to avoid disputes.

Table 2: Common Forms and Uses of Virtual Visitation in Florida

Method	Typical Use Case	Court Considerations
FaceTime/Video Call	Reading bedtime stories, daily check-ins	Age-appropriateness, time zones
Phone Call	Quick updates, discussions about school or friends	Child’s comfort, frequency
Text Message	Sharing pictures, school reminders, casual contact	Monitoring, privacy issues
Email	Longer updates, sharing academic results	Parent involvement, record-keeping
Online Gaming	Interactive play, older children bonding	Screen time limits, supervision

The Benefits and Challenges of Virtual Visitation

Virtual visitation provides several advantages for separated families. Foremost, it adds flexibility to parenting arrangements and allows more regular, spontaneous interaction. A parent traveling for work can still participate in bedtime routines or celebrate milestones from afar. Virtual visitation also helps reduce transportation costs and scheduling conflicts, factors that can otherwise limit in-person time.

Consistent electronic communication can reinforce a child’s sense of security, providing reassurance that both parents remain actively involved in their lives. In some cases, virtual visitation can even support reunification efforts, helping to rebuild trust and connection between a parent and child after separation.

Despite these strengths, virtual visitation is not without its limitations. Remote interactions lack the physical closeness and sensory cues that come with in-person contact. For younger children, in particular, digital communication may feel abstract or less engaging. The effectiveness of virtual visitation can also depend on the existing quality of the parent-child relationship and each parent’s commitment to making the experience meaningful.

Research underscores these points, showing that while electronic visitation increases contact frequency, it cannot fully replace the emotional benefits of shared physical presence. Technology issues, such as unreliable internet or a lack of privacy, can further complicate matters.

Table 3: Comparison of In-Person and Virtual Visitation Benefits and Drawbacks

Aspect	In-Person Visitation	Virtual Visitation
Physical Presence	Direct interaction, physical affection	Lacks touch, limited nonverbal cues
Flexibility	Requires travel, scheduling	Can occur anywhere, more frequent
Cost	May involve transportation expenses	Usually lower, based on tech access
Child Engagement	Full sensory involvement	Varies by age and attention span
Parental Involvement	Hands-on activities, daily routines	Limited to what can be shared via device

Implementing Virtual Visitation in Parenting Plans

For virtual visitation to function smoothly, parenting plans must spell out clear terms. Effective agreements should define the frequency, duration, and types of electronic communication. Specifying details – such as whether video calls occur at a set time each night or can be rescheduled by mutual agreement – reduces the risk of misunderstandings.

When disputes arise over compliance, Florida law provides recourse. If a parent intentionally blocks or interferes with virtual visitation, the aggrieved party can seek legal remedies, such as filing a motion for contempt or requesting enforcement of the parenting plan. Courts may respond by clarifying orders, imposing penalties, or, in rare cases, modifying time-sharing arrangements to protect the child’s interests.

“In my experience, parenting plans work best when both parents prioritize transparency and flexibility,” said Samah T. Abukhodeir, Esq., founder of The Florida Probate & Family Law Firm. “Virtual visitation is most successful when parents communicate openly and respect agreed-upon schedules, always keeping the child’s needs at the center of every decision.”

Addressing Ideal Interests and Safety

The best interests of the child remain the cornerstone of all decisions about parenting time, including virtual visitation. Florida Statute § 61.13(3) lists numerous factors that courts consider, from the capacity of each parent to foster a close bond, to the moral and mental fitness of the parents, to any history of domestic violence, abuse, or substance issues.

Judges are required to examine whether virtual visitation aligns with the child’s developmental needs, school and community life, and sense of stability. The law also takes into account the geographic viability of the plan, the willingness of both parents to cooperate, and the ability of each parent to maintain a routine and stay involved in the child’s life – even from a distance.

In high-conflict situations or cases involving abuse, courts must tread carefully. Virtual visitation may be restricted, supervised, or even denied if it poses a risk to the child’s safety or emotional health. Evidence of false information or efforts to undermine the other parent’s relationship may also influence the court’s decision.

Final Thoughts: Technology and the Future of Parenting Time

Parenting in the twenty-first century comes with unique challenges, but also with new opportunities. Florida’s electronic-communication statute acknowledges that distance no longer has to mean disconnection. When implemented thoughtfully, virtual visitation can offer parents a way to remain present in their children’s lives, sharing everyday moments and providing consistent support. The law’s focus on the best interests of the child, combined with careful judicial oversight, helps ensure that electronic communication serves as a bridge – never a barrier – to healthy parent-child relationships.

Parents and practitioners should view virtual visitation as one tool among many for building and maintaining family bonds. The most effective parenting plans are those that prioritize transparency, cooperation, and a willingness to adapt to changing circumstances. As technology continues to advance, so too will the possibilities for staying connected.

For families separated by miles but united by love, FaceTime truly is parenting time. And for the courts, attorneys, and families of Florida, understanding and making the most of these legal tools is not just a matter of convenience. It is an investment in the lives and well-being of Florida’s children.

For additional guidance or to schedule a consultation regarding Florida family law, probate, or estate planning, please visit The Florida Probate & Family Law Firm.