How Illinois Handles Virtual Parenting and Custody Conflicts

 Posted on December 00, 0000 in Divorce / Family Law

As technology continues to advance, "parenting time" for many Illinois families may no longer describe actual, physical presence. Children may text, video chat, or even game online with parents, making technology an integral part of the parent-child bond. Unfortunately, this new parenting dynamic can also result in conflict between parents. Who controls the child’s phone? Can one parent restrict FaceTime calls?

Is the child allowed to use technology to contact a parent even when it is not technically that parent’s parenting time? What if one parent monitors or blocks communication? Many Illinois family courts are now incorporating "digital parenting plans" into traditional plans to define how parents and children communicate online before these disputes reach a courtroom.

Illinois law (750 ILCS 5/602.7(b)) defines parenting time broadly, including "reasonable communication." Since virtual contact is now a legitimate form of parenting time, parents must have a solid framework to reference in the parenting plan should a dispute arise.  An experienced Kane County, IL family law attorney can ensure your parenting plan fully covers virtual contact and parenting time.

What Are Digital Parenting Plans?

FaceTime, Zoom, texting, social media, and gaming chats often serve as substitutes for in-person parenting time, particularly for long-distance or military families. While virtual parenting time was normalized during the pandemic, parents and courts realized that it can be an excellent way for parents and children to maintain a strong bond.

Many court orders include remote contact clauses, even when the parents have not thought much about remote contact. A digital parenting plan is an agreement or court order that specifies how technology will be used to maintain parent-child communications. Common elements of a digital parenting plan include:

• Whether both parents share decision-making authority for how a child uses digital technology
• Specific provisions for a child’s online activities
• How parents will monitor the child’s online activities
• Rules for using parental control software or devices
• Guidelines for screen time and the types of devices a child can use
• Expectations for how parents will communicate with one another
• Details of whether a parent’s virtual communication with the child "counts" as parenting time, and when a parent can have "extra" virtual time with the child
• Contempt actions when a parent blocks or interferes with virtual parenting time
• Details of how a parenting plan may be modified if one parent uses technology to manipulate or alienate the child

What Are "Digital Gatekeeping" Issues?

If one parent disables the child’s phone, monitors conversations, or restricts the child’s access to apps that allow the other parent’s virtual parenting time, this is considered a violation of parenting time rights by the court. Parents who use tracking apps or keyloggers to know what the child discusses with the other parent could potentially be in violation of the Illinois eavesdropping statute. If one parent has strict digital time limits for the child, but the other uses screen time with the child for parent-child bonding, these disputes will be determined based on the child’s best interests.

How Are Illinois Courts Responding to Virtual Parenting Time Issues?

Family courts now typically draft parenting judgments with digital clauses like "Each parent shall have reasonable FaceTime access," or "Neither parent shall interfere with the child’s phone communications with the other parent. A Cook County case in 2023 resulted in a Judge sanctioning a parent for deleting the child’s shared contacts. A DuPage County case in 2024 resulted in virtual visitation being denied because one parent used those calls to disparage the other parent. Judges will weigh the impact of digital communication against the child’s emotional development, parental cooperation, and consistency.  

Contact a Geneva, IL Parenting Time Lawyer

Detailed digital communication provisions are increasingly expected by Illinois family court judges. Omitting these provisions can leave parents vulnerable to disputes regarding digital access for the children. When you choose a Kane County, IL parental responsibilities attorney from Loire Krajniak Law, LLC, you have taken an important step toward ensuring your child’s best interests are always considered. To schedule your free consultation, call 630-448-2406.