Virtual Visitation: Part 2 – Legal Aspects

In the second part of a two part series, Attorney Robert Mues looks at the legal aspects of Virtual Visitation.

Ohio Revised Code Section 3109.051(A) provides, in part, that, “Whenever possible, the order or decree permitting the parenting time shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child.” In 2006, a bill was introduced in the Ohio Senate to allow Juvenile or Domestic Relations Courts to grant a reasonable amount of “electronic communication” between a parent and a child so long as the electronic communication was in the child’s best interest and the equipment was readily available. In Senate Bill 341, electronic communications was defined as “communication facilitated by the use of methods of communication such as the telephone, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the internet, or another medium of communication that allows a party who has been granted parenting time, companionship, or visitation rights to communicate with a child during times in which the child is not physically present with the party.”… View Full Article → “Virtual Visitation: Part 2 – Legal Aspects”

Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time

In the first of a two part series, Attorney Robert Mues examines Virtual Visitation and the different options a divorced parent can use to communicate with their children. Part 1 – Utilizing Technology to Supplement Parenting Time.

Not too long ago, divorced parents had limited communication options to stay in touch with their children.  The old rushed and often dry “phone call approach” was better than nothing but had drawbacks.  There were long distance phone charges and issues with time zones.  New communication options have improved considerably! It is much easier for you to keep in touch with your children after a divorce.  Most of these approaches require both parents to have a computer with broadband connections.  Here are some options to supplement traditional face to face parenting time:

Cell Phones: Many companies are selling cell phones designed specifically for kids which feature built in parental controls to restrict incoming and outgoing calls or text messages.  … View Full Article → “Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time”

The Rise of the Use of Electronic Evidence in Divorce Cases

With the rise of the popularity of the internet, instant messaging, text messaging and the use of GPS systems, electronic evidence is being utilized more and more in litigation. Technology is having a huge impact on our lives and also the way many divorces are being litigated. Recently 88% of the members of the American Academy of Matrimonial Lawyers (AAML) indicated that they have seen an increase in the number of cases using electronic data during the past five years. Emails were the most common form of electronic evidence offered in court according to AAML president, James Hennenhaefer. Electronic evidence is being used for many purposes including detecting hidden assets, financial misconduct and infidelity.

Antonia Love, a solicitor (attorney) from England recently warned the public that social networking sites are becoming the next tool lawyers will be using in divorce proceedings. She said, “People who use social networking websites to send flirtatious emails to people, who are not their partners, are often lulled into a false sense of security that they are doing nothing wrong because correspondence is electronic and therefore isn’t real life.”… View Full Article → “The Rise of the Use of Electronic Evidence in Divorce Cases”

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