Virtual Visitation in North Dakota
Virtual visitation, also known as electronic visitation or internet visitation, is a form of child visitation that uses technology to supplement in-person visits between a non-custodial parent and their child. This form of visitation can include video calls, instant messaging, email, and other forms of digital communication. It is designed to facilitate more frequent and meaningful communication between the non-custodial parent and the child, especially when physical visitation is limited due to distance, work schedules, or other factors.
Legal Basis for Virtual Visitation
The concept of virtual visitation is not explicitly defined in the North Dakota Century Code. However, the court has broad discretion to determine the best interest of the child in custody and visitation matters, as outlined in section 14-09.4-11 of the North Dakota Century Code. This includes the power to order various forms of visitation that are deemed beneficial for the child’s well-being.
Ordering Virtual Visitation
In North Dakota, the court may order virtual visitation if it is in the best interest of the child. The court will consider various factors when determining the child’s best interest, including the nature and extent of the relationship between the child and the non-custodial parent, the views of the child, and any other factor affecting the child’s best interest (section 14-09.4-11, North Dakota Century Code).
The court may also consider the feasibility of virtual visitation, including the availability of necessary technology and the ability of both parties to use it effectively. However, virtual visitation should not replace in-person visitation but should supplement it.
Modification of Visitation Orders
According to section 14-09.4-14 of the North Dakota Century Code, the court may modify a final custody or visitation order if a substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child, and if the modification is in the best interest of the child. This could potentially include the addition of virtual visitation to an existing visitation order.
Conclusion
While the concept of virtual visitation is not explicitly defined in North Dakota law, the court’s broad discretion to determine the best interest of the child in custody and visitation matters allows for the possibility of ordering virtual visitation. As with all custody and visitation matters, the primary consideration is the best interest of the child.