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Electronic Visitation in Illinois

By Eric L. Schulman

In Illinois, as in most states, a non-custodial parent is entitled to reasonable visitation with his or her child absent some compelling evidence showing that visitation would endanger that child's physical, mental or emotional well being. Historically, visitation has been face-to-face or telephone contact between parent and child at agreed-upon times. However, with technology constantly advancing in our society, the form that visitation takes has evolved to include what is now being referred to as “virtual visitation”: the use of electronic mail, instant messaging, video conferencing and other wireless technology to allow non-custodial parents to maintain more frequent contact with their children.

In 2010, the Illinois Marriage and Dissolution of Marriage Act was amended so that visitation included not only “in-person time spent between a child and the child's parent,” but “[i]n appropriate circumstances, it may include electronic communication under conditions and at times determined by the court.” 750 ILCS 5/607(a)(1). The revised Illinois statute defines electronic communication as time spent between a parent and a child outside of that child's physical presence, which is facilitated through communication media such as cellular telephones, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the Internet. or the catch-all, “another medium of communication.” 750 ILCS 5/607(a)(2). The Illinois statute is a newly implemented mechanism that mirrors the enactment of similar laws in other states allowing for electronic communication between a non-custodial parent and child.

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