AN ACT amending the laws pertaining to custody of a minor child by defining visitation to include visitation by electronic communication.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 50‑13.2 is amended by adding a new subsection to read:
"(e)	An order for custody of a minor child may provide for visitation rights by electronic communication. In granting visitation by electronic communication, the court shall consider the following:
(1)	Whether electronic communication is in the best interest of the minor child.
(2)	Whether equipment to communicate by electronic means is available, accessible, and affordable to the parents of the minor child.
(3)	Any other factor the court deems appropriate in determining whether to grant visitation by electronic communication.
The court may set guidelines for electronic communication, including the hours in which the communication may be made, the allocation of costs between the parents in implementing electronic communication with the child, and the furnishing of access information between parents necessary to facilitate electronic communication. Electronic communication with a minor child may be used to supplement visitation with the child. Electronic communication may not be used as a replacement or substitution for custody or visitation. The amount of time electronic communication is used shall not be a factor in calculating child support or be used to justify or support relocation by the custodial parent out of the immediate area or the State. Electronic communication between the minor child and the parent may be subject to supervision as ordered by the court. As used in this subsection, 'electronic communication' means contact, other than face‑to‑face contact, facilitated by electronic means, such as by telephone, electronic mail, instant messaging, video teleconferencing, wired or wireless technologies by Internet, or other medium of communication."
SECTION 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 9th day of July, 2009.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Joe Hackney
	 Speaker of the House of Representatives

	s/	 Beverly E. Perdue
	 Governor

Approved 5:35 p.m. this 17th day of July, 2009