Wisconsin divorce and virtual visitation

Wisconsin is one of only six states to have a formal virtual visitation law on its books. Because of this, parenting plans including virtual visitation provisions are gaining prevalence in family court proceedings. Wisconsin law clearly states that virtual visitation is appropriate for facilitating communication between parents and children at reasonable hours during periods when the child is in the physical custody of the other parent but may be restricted for several reasons.

When considering child custody arrangements, the court takes into account the past conduct of the parents with regards to cooperation and communication both with each other and with the children. The children’s expressed preferences will also be considered. In cases where physical visitation would be supervised, such as where spousal abuse or battery has occurred, virtual visitation must also be supervised. Both parties must have access to reasonable electronic equipment, such as computers or smart devices, to facilitate communication.

Virtual visitation is regarded as an enhancement to, not a replacement or substitute for, physical custody or visitation time. Through virtual visitation, noncustodial parents may maintain contact with and even attend school or extracurricular activities of the children when not physically present. Wisconsin law does not permit virtual visitation alone as valid justification for relocating a child away from a noncustodial parent.

In considering physical placement agreements, an attorney might begin by examining family dynamics in play, including how well the spouses work together with regards to the children’s best interest. The attorney may review court documents such as arrest records and other information that may affect the court’s ruling on the matter. In all cases, the attorney and court are obligated to place the best interests of the children first when establishing any form of visitation.