Michigan courts have broad authority to include virtual visitation provisions in parenting time orders under MCL 722.27a, allowing parents to maintain meaningful relationships with their children through FaceTime, video calls, and other electronic communication methods. While Michigan does not have a standalone virtual visitation statute, judges routinely incorporate electronic communication schedules into custody orders, particularly in cases involving long-distance parenting, military deployment, or work-related travel. The filing fee for a motion to modify parenting time to include virtual visitation is $175 for cases without minor children or $255 for cases involving dependent children under age 18, with courts evaluating all requests under the 12 best interest factors outlined in MCL 722.23.
| Key Facts | Details |
|---|---|
| Filing Fee | $175 (no children) / $255 (with children) |
| Waiting Period | 60 days (no children) / 180 days (with children) |
| Residency Requirement | 180 days state / 10 days county |
| Grounds | No-fault only |
| Property Division | Equitable distribution |
| Virtual Visitation Authority | MCL 722.27a (parenting time statute) |
| Best Interest Standard | MCL 722.23 (12 factors) |
| Enforcement | Friend of the Court / Motion for contempt |
What Is Virtual Visitation in Michigan?
Virtual visitation in Michigan refers to court-ordered or mutually agreed electronic communication between a parent and child, including FaceTime video calls, Zoom sessions, phone calls, text messages, and email exchanges. Under MCL 722.27a, Michigan courts must grant parenting time in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. This statutory language gives judges explicit authority to include virtual communication methods as part of a comprehensive parenting time order, supplementing rather than replacing in-person visits.
Michigan family courts increasingly recognize that children benefit from regular contact with both parents, even when geographical distance or scheduling conflicts make frequent in-person visits impractical. The Michigan State Court Administrative Office publishes the Michigan Parenting Time Guideline, which provides frameworks for structuring parenting time schedules that courts and families can adapt to include electronic communication components. Virtual visitation Michigan arrangements typically specify the platform to be used, frequency of calls, duration limits, and which parent is responsible for providing technology access.
Legal Authority for Electronic Communication Custody Orders
Michigan grants family court judges broad discretion to craft parenting time orders that serve the best interests of the child under MCL 722.27a. The statute establishes a presumption that children benefit from strong relationships with both parents, and courts must provide parenting time reasonably calculated to promote that relationship. This legal framework supports including video call visitation, FaceTime custody arrangements, and other remote parenting methods when circumstances warrant.
The 12 best interest factors under MCL 722.23 guide every custody and parenting time decision in Michigan. Factor (j) specifically evaluates the willingness and ability of each parent to facilitate a close and continuing parent-child relationship between the child and the other parent. Courts view parents who obstruct virtual visitation or refuse to facilitate electronic communication unfavorably under this factor, which Michigan appellate courts have identified as among the most significant in custody determinations.
| Virtual Communication Method | Common Uses | Court Considerations |
|---|---|---|
| FaceTime/Video Calls | Daily check-ins, bedtime routines, homework help | Requires compatible devices; visual engagement |
| Phone Calls | Quick communication, younger children | Lower technology barrier; may be sufficient for some ages |
| Text Messaging | Older children (12+), scheduling | Age-appropriate; written record exists |
| School updates, longer communications | Formal; good for sharing documents | |
| Co-Parenting Apps | Structured communication, documentation | Court-admissible records; reduces conflict |
How Michigan Courts Evaluate Virtual Visitation Requests
Michigan circuit courts evaluate virtual visitation requests by applying the same 12 best interest factors that govern all custody and parenting time decisions under MCL 722.23. The court must consider and make findings on each factor, though judges have discretion to weigh factors differently based on the specific circumstances of each case. Virtual visitation requests are most commonly granted when one parent relocates more than 100 miles from the child's legal residence, when work schedules prevent regular in-person visits, or when parents live in different states or countries.
Factor (a) examines the love, affection, and emotional ties between parent and child, which virtual communication can help maintain during periods of physical separation. Factor (b) evaluates each parent's capacity to provide guidance and continue the child's education, making video calls valuable for homework assistance and school involvement. Factor (d) considers the stability of the child's environment, and courts often find that regular virtual contact provides continuity when physical circumstances change.
The Friend of the Court in each Michigan county conducts investigations and makes recommendations on parenting time matters, including virtual visitation arrangements. If parents cannot agree on electronic communication terms, either party can file a motion requesting the court establish or modify virtual visitation provisions. The motion filing fee is $20 per motion under MCL 600.2529, plus service costs of $25-$75 depending on the method used.
Establishing Virtual Visitation in Your Parenting Time Order
Parents can establish virtual visitation in Michigan through mutual agreement or court order, with agreed arrangements receiving deference from judges under MCL 722.27a(4). If parents agree on virtual visitation terms, the court shall order those terms unless clear and convincing evidence shows the arrangement is not in the child's best interests. This means parents who cooperatively develop FaceTime custody schedules or video call visitation plans have significant control over the final order.
To establish virtual visitation through a parenting time order, parents should specify the communication platform, days and times for scheduled calls, maximum duration of calls, responsibility for technology costs, backup plans for technical difficulties, and age-appropriate expectations. Courts favor detailed agreements that minimize future disputes. For example, an order might state: Parent A shall have video call parenting time with the minor child every Tuesday and Thursday from 7:00 PM to 7:30 PM Eastern Time via FaceTime, with Parent B responsible for ensuring the child has access to a charged, functional device.
| Order Component | Recommended Specification | Purpose |
|---|---|---|
| Platform | FaceTime, Zoom, Skype, co-parenting app | Ensures compatibility |
| Schedule | Specific days/times with time zone | Prevents disputes |
| Duration | Minimum and maximum length | Age-appropriate expectations |
| Technology Costs | Which parent provides device/internet | Eliminates financial disputes |
| Makeup Calls | Process for rescheduling missed calls | Addresses disruptions |
| Privacy | Parent must leave room during call | Promotes open communication |
Remote Parenting Rights During Military Deployment
Michigan provides special protections for military parents through the Servicemembers Civil Relief Act and state family law provisions, making virtual visitation particularly important during deployments. When a parent receives deployment orders, the court can modify parenting time to include extensive virtual communication schedules that maintain the parent-child relationship during the absence period. Michigan courts recognize that military service should not result in permanent loss of parenting time or custody rights.
Deployed parents can petition for expedited virtual visitation orders before deployment begins, with courts often granting liberal electronic communication schedules given the circumstances. These orders typically include provisions for video calls during deployment, gradual reintegration schedules upon return, and protections against permanent custody modifications based solely on deployment-related absence. The Servicemembers Civil Relief Act prevents default judgments against deployed service members and allows stays of proceedings in certain circumstances.
Enforcing Virtual Visitation Orders in Michigan
When a parent violates a court-ordered virtual visitation schedule by blocking calls, failing to make the child available, or interfering with electronic communication, Michigan law provides multiple enforcement mechanisms under MCL 722.27a. The aggrieved parent can contact the Friend of the Court to request enforcement intervention, which may include mediation, written warnings, or recommendations to the court. Alternatively, the parent can file a motion for contempt asking the court to hold the violating parent in contempt of court.
Courts take virtual visitation violations seriously under factor (j) of the best interest analysis, which evaluates each parent's willingness to facilitate the child's relationship with the other parent. A pattern of blocking FaceTime calls or sabotaging video call visitation can result in makeup parenting time, modification of custody arrangements, contempt findings with potential jail time of up to 45 days, fines, attorney fee awards, and adjustments to the underlying custody order. Documenting violations through screenshots, call logs, and written communications is essential for enforcement motions.
The Friend of the Court office in each Michigan county provides parenting time enforcement services at no additional cost to parents. If the other parent is not obeying the parenting time order, you may contact the Friend of the Court and request enforcement initiation. Possible enforcement actions include makeup parenting time, civil contempt hearings, modification of existing parenting time and custody provisions, or Alternate Dispute Resolution Services available in the county.
Virtual Visitation and the 100-Mile Relocation Rule
Michigan's 100-mile rule under MCL 722.31 restricts parents from relocating a child more than 100 miles from the child's legal residence at the time the custody action began without either the other parent's consent or court permission. When relocation is permitted, courts routinely incorporate robust virtual visitation schedules to maintain the non-relocating parent's relationship with the child. Virtual visitation Michigan provisions become even more critical when parents live in different cities or states.
Before permitting a relocation beyond 100 miles, courts must consider whether the move improves quality of life for the child and relocating parent, and whether the moving parent has historically complied with parenting time orders. A parent who has blocked virtual communication or interfered with FaceTime custody arrangements faces an uphill battle when seeking relocation approval. Courts also evaluate whether the proposed virtual visitation schedule can realistically maintain the child's relationship with the non-relocating parent.
| Relocation Factor | Court Consideration | Virtual Visitation Impact |
|---|---|---|
| Quality of life improvement | Economic/educational benefits of move | May justify more virtual, less in-person |
| Prior parenting time compliance | History of facilitating contact | Predicts virtual visitation reliability |
| Proposed parenting time plan | In-person plus virtual schedule | Must maintain meaningful relationship |
| Child's preference | If age-appropriate | May include technology preferences |
| Domestic violence exception | Safety concerns | May limit or eliminate contact |
Technology Requirements and Practical Considerations
Successful virtual visitation arrangements require both parents to have reliable internet access, appropriate devices, and commitment to making the technology work for the child's benefit. Courts consider the practical realities of electronic communication when crafting orders, including whether the child has access to video-capable devices, whether internet service is available at both homes, and whether parents possess sufficient technical skills to facilitate calls. The easiest way for a child and parent to connect online is through a co-parenting app with an integrated video-conferencing platform or commonly available services like FaceTime, Zoom, or Google Meet.
Video calling feels more personal than phone calls because the parent and child can see each other, and the visual element helps keep children engaged during conversations. Parents can do activities together during video calls, such as reading books, playing games, watching movies, or working on homework. For younger children (under age 6), calls should be shorter (10-15 minutes) with engaging activities, while older children can sustain longer conversations (20-30 minutes or more).
Courts may order one or both parents to bear technology costs, including device purchase or replacement, internet service fees, and app subscription costs. Fee waiver provisions may apply for low-income parents, as Michigan courts waive certain fees if household income falls at or below 125% of the federal poverty guidelines, which is approximately $19,506 for a single person or about $40,000 for a family of four as of 2026.
When Courts May Deny or Limit Virtual Visitation
Michigan courts prioritize child safety above all other considerations, and judges may deny or limit virtual visitation when evidence shows the communication could harm the child. Under MCL 722.27a(6), a child has a right to parenting time with a parent unless clear and convincing evidence shows it would endanger the child's physical, mental, or emotional health. This standard applies equally to in-person and virtual parenting time.
Courts may restrict virtual visitation when there is documented domestic violence and contact with the abusive parent could be harmful to the child, when a parent has used electronic communication to manipulate or alienate the child, when the child expresses fear or anxiety about calls with a particular parent, when a parent has violated protective orders through electronic contact, or when the child's age or developmental stage makes video communication inappropriate or harmful.
The court might not allow virtual visitation if there has been domestic violence and contact with the parent could be harmful to the child. In cases involving abuse or neglect, courts may order supervised virtual visitation where a neutral third party monitors electronic communications, or may require that all electronic communication occur through monitored co-parenting platforms that create records of exchanges.
Modifying Existing Parenting Time to Add Virtual Visitation
Parents seeking to add virtual visitation to an existing parenting time order must demonstrate that circumstances have changed since the original order was entered and that modification serves the child's best interests. Common grounds for modification include relocation by one parent, changes in work schedules that reduce available in-person time, the child reaching an age where video communication becomes appropriate, or improved technology access that makes virtual visits practical.
To modify parenting time in Michigan, file a motion with the circuit court that issued the original order. The motion filing fee is $20 under MCL 600.2529. The motion should explain the changed circumstances, propose specific virtual visitation terms, and demonstrate how the modification serves the child's best interests under the MCL 722.23 factors. The Friend of the Court will typically investigate and make recommendations before the court rules on the motion.
Parents who agree on modifications can submit a stipulated order for the court's approval, which streamlines the process and reduces costs. Under MCL 722.27a(4), courts shall order agreed parenting time terms unless clear and convincing evidence shows the agreement is not in the child's best interests. This makes cooperative negotiation the most efficient path to adding virtual visitation provisions.
Impact of COVID-19 on Virtual Visitation Practices
Virtual visitation became significantly more common during the COVID-19 pandemic because it allowed non-custodial parents to maintain relationships with their children while minimizing health risks. Michigan courts adapted quickly to the pandemic, recognizing video calls and electronic communication as essential tools for preserving parent-child bonds during periods of restricted in-person contact. The pandemic normalized virtual visitation in ways that continue to influence custody practice.
Post-pandemic, Michigan courts and parents have become more comfortable with technology-assisted parenting time. Video conferencing apps have improved substantially, making virtual visits easier and more reliable. Co-parenting apps with integrated video calling, messaging, and documentation features have gained widespread acceptance. Courts increasingly expect parents to be technologically capable of facilitating electronic communication and may view inability or unwillingness to do so unfavorably under the best interest factors.
Frequently Asked Questions
Can a Michigan court order FaceTime or video call visitation?
Yes, Michigan circuit courts have explicit authority under MCL 722.27a to order FaceTime or video call visitation as part of any parenting time arrangement. Courts must grant parenting time in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and parent. Video call visitation qualifies as a type of parenting time that courts can order when it serves the child's best interests under the 12 factors in MCL 722.23.
What is the filing fee to request virtual visitation in Michigan?
The filing fee for a motion to establish or modify parenting time to include virtual visitation is $20 under MCL 600.2529. If you are initiating a new custody case, the filing fee is $175 for cases without minor children or $255 for cases involving dependent children under age 18. Service of process costs an additional $25-$75 depending on the method used. As of April 2026, verify current fees with your local circuit court clerk.
Can virtual visitation replace in-person parenting time in Michigan?
Virtual visitation is a supplement to regular parenting time, not a replacement. Michigan courts strongly favor maintaining in-person contact between children and both parents whenever safely possible. Courts may rely more heavily on virtual communication when parents live far apart, during military deployments, or in cases involving verified safety concerns, but typically require some in-person visitation unless clear and convincing evidence shows it would endanger the child.
How do I enforce a virtual visitation order if my co-parent blocks calls?
Contact the Friend of the Court in your county to request enforcement assistance, or file a motion for contempt with the circuit court. The motion filing fee is $20. Document all blocked calls with screenshots, call logs, and written communications. Courts can order makeup virtual visitation time, hold the violating parent in contempt (up to 45 days jail), award attorney fees, modify custody arrangements, and consider the violations when evaluating factor (j) regarding willingness to facilitate the parent-child relationship.
What factors do Michigan courts consider when ordering virtual visitation?
Michigan courts apply the 12 best interest factors under MCL 722.23 when ordering virtual visitation. Key considerations include the child's age and developmental ability to engage with video technology, availability of devices and internet at both homes, each parent's willingness to facilitate electronic communication, the child's existing relationship with both parents, any history of domestic violence or abuse, and the distance between parents' homes that makes virtual contact necessary or beneficial.
Can I request virtual visitation if I live out of state?
Yes, out-of-state parents frequently receive virtual visitation orders in Michigan custody cases, particularly when the 100-mile relocation rule under MCL 722.31 applies. Courts recognize that children benefit from regular contact with both parents even when distance prevents frequent in-person visits. Comprehensive virtual visitation schedules with daily or frequent video calls often accompany custody arrangements where parents live in different states.
At what age is a child ready for virtual visitation?
Michigan courts do not specify a minimum age for virtual visitation, though children under age 2 typically lack the developmental capacity for meaningful video interaction. Children ages 2-5 can engage in short calls (10-15 minutes) with engaging activities. School-age children (6-12) can sustain longer conversations (20-30 minutes). Teenagers may prefer text and other forms of electronic communication. Courts evaluate each child's individual developmental stage and preferences when structuring virtual visitation orders.
Who pays for technology costs related to virtual visitation?
Michigan courts can allocate technology costs between parents as part of the parenting time order. Typically, each parent is responsible for maintaining internet service and a video-capable device at their own home. Courts may order one parent to provide a device for the child if the other parent lacks resources, particularly when the parent seeking virtual visitation has greater financial means. Fee waivers apply if household income is at or below 125% of federal poverty guidelines (approximately $19,506 for an individual in 2026).
Can virtual visitation be supervised in Michigan?
Yes, Michigan courts can order supervised virtual visitation when safety concerns exist but complete denial of contact is not warranted. Supervised virtual visitation may involve a neutral third party monitoring video calls, use of monitored co-parenting platforms that record communications, or restrictions on topics that can be discussed. This option allows parents with documented safety concerns to maintain some relationship with their children while protecting the child from potential harm.
How long does the court process take to establish virtual visitation?
The timeline for establishing virtual visitation depends on whether parents agree or the matter is contested. Agreed stipulations can be approved within 2-4 weeks. Contested motions require Friend of the Court investigation (30-60 days), a hearing, and judicial decision, taking 60-120 days total. Michigan's mandatory waiting period (60 days without children, 180 days with children under MCL 552.9f) applies to initial divorce filings but not to parenting time modification motions.