Co-parenting Issues to Consider in the Digital Age

While the digital world presents parents with dangers to their children that did not exist before the internet, cell phones, and computers, numerous technologies have emerged to counteract these dangers. Many parents are relying on location tracking devices and applications, and parental control/online activity monitoring to ensure their children’s safety. While there are many benefits to these devices and applications, they also present a myriad of issues in more contentious co-parenting dynamics. In more contentious co-parenting dynamics, it is becoming more and more important to consider the use of devices and safety measures when reaching custody and parenting time agreements.

Location Tracking Technology

One of the new parenting devices/applications are those that track children’s locations. These location trackers include AirTags, cell phones, watches, and other devices. Some applications will even generate a map of a child’s movements, notify the other parent of the speed of a vehicle a child is in, and send live notifications of the child’s location. While this provides many parents with peace of mind that their children have arrived safely at school, it presents numerous other issues in contentious co-parenting situations. For example, for a parent protected under the domestic violence statute and/or co-parents with a history of domestic violence, location tracking of the children may, in turn, result in the ability to track a protected parent. Further, it may result in interfering with another parent’s parenting time and autonomy should the other parent disapprove of an outing, friend, or relative.  Generally, fit parents have the right to autonomy in determining how they spend their time with their children. If parents who struggle to co-parent amicably have the ability to track the other parent during their parenting time, it may result in unnecessary communications and disagreements.

Online Activity Monitoring

Additionally, many child-friendly devices and applications permit parents to monitor and control their children’s device activity, including but not limited to internet activity, contacts and communications, videos and pictures, and social media activity. Some applications will even send live alerts to parents of the child’s internet activity should it detect bullying or other inappropriate conduct, as well as permit a parent to view all of the child’s messages. With the dangers presented by the internet and the impact and frequency of online bullying, this may be an invaluable tool to ensure children’s physical and emotional well-being. However, it also presents several co-parenting issues, such as parental access to control and monitoring applications, the level of control and monitoring, and the ability of the other parent to view communications with the child and the other parent. Parents may differ on the level of monitoring, which may even and their respective access to the applications, which may exacerbate already contentious co-parenting relationships.

Depending on your co-parenting dynamic and the specific needs of your child, you may want to consider incorporating provisions into custody and parenting time agreements that address the use of applications and other technology, including location tracking and online activity monitoring. Our family law attorneys can speak with you about concerns you have for parenting and co-parenting in the digital age.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.