Bill promotes 'electronic' visitation for
children of divorced parents

Capital News Service

LANSING — For children and teens with divorced parents, the use of e-mail, instant messaging and video cams could become tools for more communication with their non-custodial parents.

A bill would authorize court-appointed electronic visitation in addition to face-to-face parenting time.

Rep. Tom Pearce, R-Rockford, the primary sponsor, said technology can strengthen the relationship between a parent and a child.

"I'm 100 percent convinced that two parents can do a better job of raising kids than one," Pearce said. "What I see is another tool to put in the judges' arsenal to put better contact between the non-custodial parent and the child," adding that using electronic communication is long overdue.

"We have all this technology at our disposal. It's time we use it," he said.

Despite support from many Republicans and Democrats, Pearce said one legislator declined to sponsor the bill because she believed it could create more animosity between divorced parents.

This shouldn't be a factor, said David Sarnacki, a family law attorney in Grand Rapids, who has been mediating divorces for 15 years.

"If people want to cause problems, they will find a way to do that with this law or any other laws," Sarnacki said. Electronic communications are already being used, though not court mandated, he said.

"There are two situations I can think of, and they both involve one parent relocating outside the state," Sarnacki said. "They both have the means to get the technology and they've been able to share the information back and forth."

The parents had to decide whether they would need computers, scanners and other electronic tools, he said. Details such as whether the children would use a parent's e-mail address or have their own must be worked out, he said.

The legislation would make the non-custodial parent responsible for paying for the equipment.

Ingham County Circuit Court Judge George R. Economy said he already encourages electronic communication when dealing with parenting time in divorce cases.

"The child may always initiate, within reason, a phone call to the other parent, and the other parent cannot block it," Economy said, adding that other children will communicate through e-mail.

Electronic communication should be in addition to face time with children "because what I've found over the years is that kids need as much contact with their parents as possible," he said. "And obviously if someone abuses it, I would step in."

Robert Gardella, a family law attorney in Brighton, said the proposal would be particularly useful in situations in which a parent lives out of state or hours away.

"The electronic communication between the child and non-custodial parent should always be a component in the relationship between parent and child," Gardella said. But he emphasized the importance of dealing with each case based on individual circumstances.

"There cannot be any absolutes in family law cases because each family is different, each child is different," Gardella said.

As far as creating more animosity between the parents, Gardella said, it's usually because parents are acting more like children than adults.

"The most common reason a child doesn't follow through with communication is that the custodial parent doesn't allow the child to do what the court has ordered," he said. It often has to be resolved in court.

Co-sponsor Rep. Kevin Green, R-Wyoming, said the bill also would update existing laws.

"The world is changing fast, and we want to give the judges this tool," Green said. "It gives parents one more opportunity to get into contact with their children."

The measure has been referred to the House Family and Children Services Committee.

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