Virtual Visitation Rights in Delaware: Complete 2026 Legal Guide

Delaware Family Courts recognize virtual visitation as a legitimate form of parent-child contact under 13 Del. C. § 728, which mandates "frequent and meaningful contact, in person, by mail and by telephone" between parents and children. While Delaware law does not contain a standalone virtual visitation statute like Utah or Texas, the courts regularly incorporate FaceTime custody provisions, video call schedules, and electronic communication requirements into custody orders and parenting plans. The standard recommendation in Delaware parenting plans specifies oral communication via telephone or video call no less than three times per week, with parameters adjusted based on the child's age and developmental needs.

Key Facts: Delaware Virtual Visitation 2026

What Is Virtual Visitation in Delaware?

Virtual visitation Delaware courts order consists of scheduled video calls, telephone contact, and electronic messaging between a non-custodial parent and child during periods of physical separation. Under 13 Del. C. § 728, both parents are entitled to "reasonable telephone contact and reasonable contact by mail with the child" regardless of the custody arrangement. Delaware courts interpret this provision broadly to encompass modern communication technologies including FaceTime, Zoom, Skype, WhatsApp video, and other platforms that enable face-to-face remote interaction.

Delaware parenting plans typically specify that communication "includes, but is not limited to, telephone, texting, email, skyping, and other such electronic means." The Delaware Family Court recognizes that open communication between parent and child aids a stronger parent-child relationship and serves the child's best interests. Standard Delaware parenting plan provisions recommend oral communication via telephone or video call occur no less than three times per week, with scheduling flexibility based on the child's age and routine.

Unlike states such as Utah (the first state to codify virtual visitation in 2004) or Texas (which addresses electronic communication specifically in Texas Family Code § 153.015), Delaware does not have a dedicated virtual visitation statute. However, Delaware Family Courts have broad discretion under 13 Del. C. § 722 to craft custody arrangements that serve the child's best interests, and video call visitation has become a standard component of modern Delaware custody orders.

Delaware Legal Framework for Electronic Communication Custody

The statutory foundation for video call visitation in Delaware rests on 13 Del. C. § 728, which requires courts to "encourage all parents and other persons to foster the exercise of a parent's joint or sole custodial authority and the maintenance of frequent and meaningful contact, in person, by mail and by telephone, between parents and their children." Delaware courts have consistently interpreted "telephone" contact to include video calling technologies that were not available when the statute was originally enacted.

Under 13 Del. C. § 722, Delaware courts must determine custody and residential arrangements "in accordance with the best interests of the child." The statute requires consideration of eight specific factors, including the interaction and interrelationship of the child with parents and other significant persons, and the child's adjustment to home, school, and community. Virtual visitation supports these best-interest factors by maintaining parent-child bonds across physical distance.

Delaware courts retain broad authority to structure communication schedules under 13 Del. C. § 728(a), which empowers the court to determine visitation "consistent with the child's best interests and maturity, which is designed to permit and encourage the child to have frequent and meaningful contact with both parents." This authority extends to specifying video call platforms, establishing call duration limits, and setting schedules appropriate for children of different ages.

Types of Electronic Communication in Delaware Custody Orders

Delaware parenting plans and custody orders may incorporate multiple forms of remote parenting contact, each serving different functions in maintaining the parent-child relationship:

Video Call Visitation (FaceTime Custody)

Video conferencing platforms provide the closest substitute for in-person interaction, allowing parents and children to see each other's facial expressions and share visual experiences. Delaware courts commonly approve FaceTime, Zoom, Skype, Google Meet, and WhatsApp video as acceptable platforms. Standard Delaware provisions recommend specifying a primary platform with a backup option in case of technical difficulties.

Telephone Contact

Traditional phone calls remain a core component of Delaware communication orders under 13 Del. C. § 728. Courts typically order telephone contact to occur during the child's normal waking hours, with both parents responsible for ensuring timely returned calls if the child is unavailable.

Text Messaging and Email

For older children, Delaware courts may approve text messaging and email communication as age-appropriate contact methods. Courts set parameters based on the child's age, typically reserving text and email for children mature enough to manage written communication independently.

Comparison: Virtual Visitation Methods

How to Include Virtual Visitation in Your Delaware Parenting Plan

Delaware parenting plans must address communication provisions to comply with 13 Del. C. § 728 requirements for frequent and meaningful contact. Parents filing for custody should include detailed virtual visitation provisions in their proposed parenting plan to avoid ambiguity that could lead to future disputes. The Delaware Family Court requires parties to file Form 345 (Petition for Custody), Form 346 (Custody Separate Statement), and Form 240 (Information Sheet) when initiating custody proceedings.

Essential Elements for Delaware Virtual Visitation Provisions

A comprehensive virtual visitation provision in a Delaware parenting plan should address seven key components:

1. Schedule specificity: Designate exact days and times for video calls (e.g., "Tuesdays and Thursdays at 7:00 PM for 30 minutes")
2. Platform designation: Identify primary video call platform and backup option
3. Initiation responsibility: Specify which parent initiates the call
4. Duration limits: Set minimum and maximum call lengths appropriate to child's age
5. Privacy requirements: Ensure private space for calls without other parent present
6. Technical responsibilities: Assign device and internet access obligations
7. Make-up provisions: Address rescheduling for missed or interrupted calls

Sample Delaware Virtual Visitation Language

Delaware Family Court practitioners recommend language such as: "The non-residential parent shall have video communication with the minor child(ren) via FaceTime or Zoom every Tuesday, Thursday, and Sunday at 7:00 PM Eastern Time, for a duration of 20 to 30 minutes. The non-residential parent shall initiate the call. The residential parent shall ensure the child has access to a working device with functioning camera in a private location. Neither parent shall record video or audio of the other parent without first receiving consent."

Filing Fees and Costs for Delaware Custody Cases in 2026

Delaware Family Court filing fees for custody matters total $100, consisting of a $90 base petition fee plus a $10 court security assessment as of April 2026. Parents seeking to modify an existing custody order to add or amend virtual visitation provisions pay the same $100 total fee. Clients of the Delaware Division of Child Support Services (DCSS) pay a reduced modification fee of approximately $25.

Fee waivers are available for low-income filers through an Affidavit in Support of Application to Proceed In Forma Pauperis. Qualifying applicants may have the entire $100 filing fee waived, reducing court costs to $0. Additional costs include service of process fees ranging from $10 to $100 depending on method, parent education class fees up to $100 per parent, and potential mediation costs of $100 to $300 per hour if private mediation is utilized.

Attorney fees for Delaware custody cases typically range from $200 to $500 per hour. An uncontested custody case with agreement at mediation may cost $1,500 to $3,000 in attorney fees, while a contested custody trial can exceed $10,000 to $25,000 depending on complexity. Fee amounts as of April 2026. Verify with your local clerk or the Delaware Family Court fee schedule.

Delaware Family Court Mediation and Parent Education Requirements

Delaware Family Court mediation is generally required in custody, visitation, and guardianship matters after a petition is filed and the respondent is served. When positive service is returned to the court, the case is referred to mediation unless there has been a finding of domestic violence or a no-contact order is in effect concerning the parties. In domestic violence cases, mediation occurs only if the victim's attorney requests it and is present.

Prior to mediation, each party must complete the Custody, Visitation and Guardianship Disclosure Report (Form 364) and bring the completed form to the mediation session. The mediator assists parents in reaching agreement or defining issues requiring judicial determination. If parents agree, a consent order is completed and signed during mediation, potentially concluding the case within 60 to 90 days of filing.

Delaware mandates that both parents complete a Parenting Education Class in all custody cases under 13 Del. C. § 1507 and § 1517. Parents living out of state may petition to have an out-of-state parenting class accepted by Delaware Family Court by contacting the court at (302) 255-0300 to file an appropriate motion. Only Delaware-approved education seminar providers satisfy the statutory requirement.

Enforcing Virtual Visitation Orders in Delaware

When a parent violates a Delaware court order regarding virtual visitation, 13 Del. C. § 728(d) provides specific remedies and sanctions. If the court finds that a parent has "violated, interfered with, impaired or impeded the rights of a parent or a child with respect to the exercise of joint or sole custodial authority, residence, visitation or other contact with the child," the court shall order the violating party to pay the costs and reasonable counsel fees of the parent applying for relief.

Additional sanctions available to Delaware courts include contempt of court findings, modification of the custody arrangement to provide increased physical or virtual visitation to the aggrieved parent, make-up visitation time, and in extreme situations, transfer of primary residence. Delaware courts view interference with parent-child communication as a serious violation of both the court order and the child's right to maintain relationships with both parents.

Documentation Best Practices for Enforcement

Parents seeking enforcement of virtual visitation orders in Delaware should maintain detailed records including:

• Dates and times of scheduled calls that were blocked or missed
• Screenshots of unanswered call attempts
• Text or email communications documenting interference
• Records of technical issues caused by the other parent's failure to provide working equipment
• Notes on children's statements about communication restrictions (for attorney use, not direct court submission)

Age-Appropriate Virtual Visitation Guidelines

Delaware courts recognize that effective virtual visitation varies significantly based on a child's developmental stage. The standard Delaware parenting plan provision notes that "communication is allowed as is age-appropriate and the Court may set parameters based upon the age of the child(ren) and the method of communication used."

Infants and Toddlers (0-2 Years)

For children under age 3, Delaware courts typically order brief video calls of 5 to 10 minutes, recognizing limited attention spans. Calls should occur during alert, happy periods rather than feeding or sleep times. The residential parent may need to hold devices and actively engage the child. Courts order video calls rather than audio-only calls because facial recognition supports attachment in this age group.

Preschool Children (3-5 Years)

Delaware courts generally approve 10 to 15 minute video calls for preschool-age children, scheduled 3 to 5 times weekly. Interactive activities such as reading stories, showing toys, or virtual play enhance engagement. Calls work best at consistent times to establish routine. Children this age may resist calls due to activity interruption rather than relationship issues.

School-Age Children (6-12 Years)

Children ages 6 to 12 typically handle 15 to 30 minute video calls comfortably. Delaware parenting plans for this age group often include homework assistance, virtual movie watching, online gaming together, and participation in the child's activities through video. Courts may approve text messaging for children over 10 with appropriate parameters.

Teenagers (13-17 Years)

Delaware courts recognize that teenagers often prefer text messaging, social media, and less structured communication over scheduled video calls. Courts balance the non-custodial parent's right to contact with the teenager's developmentally appropriate need for autonomy. Provisions may require a minimum number of video calls while allowing additional flexible contact through preferred platforms.

Virtual Visitation for Long-Distance and Military Parents

Delaware's virtual visitation framework is particularly valuable for parents facing geographic separation due to military service, work relocation, or interstate custody situations. Under 13 Del. C. § 1504(a), Delaware courts have jurisdiction over custody matters when either parent has resided in Delaware or been stationed in Delaware as a member of the United States armed forces for six or more months preceding the filing.

Military parents stationed outside Delaware can maintain consistent contact through robust virtual visitation schedules while continuing to exercise in-person visitation during leave periods. Delaware courts are experienced in accommodating military deployment schedules and may order expanded virtual visitation during deployment periods with make-up in-person time upon return.

For parents living in different states, virtual visitation supplements rather than replaces physical parenting time. Delaware courts may order extensive virtual visitation schedules, sometimes daily video calls, to compensate for reduced physical custody time. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in Delaware under 13 Del. C. Chapter 19, governs interstate custody jurisdiction and enforcement, ensuring Delaware virtual visitation orders can be enforced in other states.

Modifying Existing Orders to Add Virtual Visitation

Parents with existing Delaware custody orders that lack virtual visitation provisions may petition for modification under 13 Del. C. § 729. The modification standard depends on the nature of the original order:

Consent Orders

If the original custody order was entered by consent of all parties, it may be modified at any time the court finds modification is in the child's best interest under 13 Del. C. § 722. Adding virtual visitation to enhance parent-child communication typically satisfies the best interest standard.

Contested Orders (Under Two Years)

If the original order was entered after a contested hearing and less than two years have passed, modification requires showing that "continuing to enforce the order would endanger the child's physical health or significantly impair his or her emotional development." This higher standard may not apply to simply adding virtual visitation, which courts view as beneficial enhancement rather than modification of fundamental custody terms.

Contested Orders (Over Two Years)

After two years, the standard relaxes to the best interest analysis under 13 Del. C. § 722, making modification to add virtual visitation more readily achievable.

Filing Requirements

To modify a custody order, parents must file custody modification forms available from the Delaware Family Court website, pay the $100 filing fee ($90 base plus $10 security assessment), and attend mediation unless exempt. The court also provides a Custody Modification Instruction Packet for pro se litigants.

Technology Considerations and Best Practices

Successful implementation of virtual visitation Delaware courts order depends on proper technology infrastructure and cooperative parental behavior. Both parents share responsibility for ensuring technology functions properly during scheduled communication times.

Equipment and Connectivity

Delaware courts may order that the residential parent provide the child access to a functioning device with working camera, microphone, and reliable internet connection during scheduled virtual visitation periods. Parents should ensure children have access to tablets, smartphones, or computers appropriate for their age and technical capability.

Privacy and Appropriate Setting

Virtual visitation calls should occur in a private location where the child can speak freely without the other parent listening or observing. Delaware courts prohibit recording of calls without consent of the parent being recorded. Standard Delaware provisions state: "Neither parent may record video or audio of the other parent without first receiving consent from the parent to be recorded."

Interference Prohibited

Neither parent may interrupt phone or other electronic communication between the child and the other parent except in an emergency or when a limit set by the parenting plan has been reached. Deliberate interference, including "forgetting" scheduled calls, scheduling conflicting activities, or technical sabotage, constitutes a violation subject to sanctions under 13 Del. C. § 728(d).

Frequently Asked Questions About Virtual Visitation in Delaware

Does Delaware have a specific virtual visitation law?

Delaware does not have a standalone virtual visitation statute like Utah or Texas. However, 13 Del. C. § 728 requires courts to encourage "frequent and meaningful contact, in person, by mail and by telephone" between parents and children. Delaware courts interpret this provision to include modern video communication technologies including FaceTime, Zoom, and Skype, and regularly incorporate virtual visitation schedules into custody orders and parenting plans.

How often can I have FaceTime custody calls with my child in Delaware?

Delaware parenting plans typically recommend video or phone contact no less than three times per week. However, courts have discretion to order more or less frequent contact based on the child's age, the parents' schedules, and the child's best interests under 13 Del. C. § 722. Long-distance parents may receive daily virtual visitation to compensate for reduced physical custody time.

Can virtual visitation replace in-person custody time in Delaware?

No. Delaware courts consistently hold that virtual visitation supplements but does not replace physical parenting time. Video calls cannot substitute for the physical presence, touch, and shared experiences that in-person custody provides. Courts use virtual visitation to maintain relationships between physical visitation periods, not as an alternative to meaningful in-person contact unless safety concerns require limited physical contact.

What can I do if my co-parent blocks video calls with my child?

File a motion for contempt or enforcement with Delaware Family Court, paying the $100 filing fee. Under 13 Del. C. § 728(d), courts shall order the violating parent to pay your attorney fees and costs if interference is proven. Document all blocked calls with screenshots, notes, and correspondence. Courts may also award make-up virtual visitation time and modify custody arrangements to prevent future interference.

How much does it cost to file for virtual visitation in Delaware?

The Delaware Family Court filing fee for custody petitions or modifications totals $100 ($90 base fee plus $10 court security assessment) as of April 2026. Fee waivers are available through an In Forma Pauperis application for low-income filers. Additional costs include service of process ($10-$100), parent education class (up to $100), and attorney fees ($200-$500 per hour) if represented.

What information should a Delaware virtual visitation order include?

A comprehensive Delaware virtual visitation order should specify: (1) exact days and times for video calls, (2) call duration in minutes, (3) which parent initiates calls, (4) primary video platform and backup option, (5) location requirements ensuring privacy, (6) technology responsibilities for each parent, (7) prohibition on recording without consent, and (8) make-up provisions for missed calls.

Can my teenager refuse video calls with the other parent in Delaware?

Delaware courts consider the child's wishes regarding custody and communication under 13 Del. C. § 722(a)(2), with weight given based on the child's age and maturity. However, a teenager cannot unilaterally refuse court-ordered virtual visitation. Parents must comply with orders regardless of the child's stated preferences, though courts may modify orders based on a teen's consistent expressed wishes if modification serves the child's best interests.

How long does it take to get virtual visitation added to a Delaware custody order?

Uncontested modifications where both parents agree to add virtual visitation can be completed within 60 to 90 days through mediation. Contested modifications requiring a hearing before a judge typically take 3 to 12 months depending on court scheduling and case complexity. Emergency modifications for urgent circumstances may be heard more quickly through motion for temporary relief.

Can Delaware virtual visitation orders be enforced in other states?

Yes. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted in Delaware under 13 Del. C. Chapter 19, custody orders from one state must be recognized and enforced by courts in all other states. A parent who moves to another state must still comply with Delaware virtual visitation orders, and the other state's courts can enforce compliance through contempt proceedings.

What happens to virtual visitation if one parent moves out of state?

Delaware law under 13 Del. C. § 728 prohibits removing a child from Delaware without court permission or the other parent's written consent after a custody petition is filed. If a parent receives permission to relocate, courts typically increase virtual visitation frequency to maintain the parent-child relationship across distance. Orders may expand from three weekly calls to daily contact with extended in-person visitation during school breaks.

Author: Antonio G. Jimenez, Esq. Credentials: Florida Bar No. 21022 | Covering Delaware divorce law

This guide provides general information about virtual visitation rights in Delaware as of April 2026. Laws change, and individual circumstances vary. Consult a Delaware family law attorney for advice specific to your situation.