In our modern world, we often have constant open channels of electronic communication with our loved ones, including our children. Most of us have cellphones capable of text messaging, video and phone calling, and emailing. When your child is not in your possession, it can feel like you are very unconnected to them. To help bridge the gap, a parent-conservator can request the court to order reasonable periods of electronic communication with the child when the child is not in the parent-conservator’s possession.
Under the Texas Family Code, a court can include in its order a provision to allow a parent to have reasonable periods of electronic communication with the child to supplement the conservator’s period of possession of the child. The term “electronic communication” means any communication through the use of wired and wireless technology via the internet or any other electronic media. So, this term includes the use of a telephone, electronic mail (like email), instant messaging, video calling, or a webcam. For example, the court could order that you have reasonable periods of time to FaceTime with your child when it is not your period of possession.
It is important to note that these periods of electronic communication are not a substitute for a conservator’s periods of possession of the child; these periods of electronic communication are in addition to the conservator’s periods of physical possession. For example, the other parent could not prevent you from exercising your period of possession of the child just because you have been awarded these additional periods of electronic communication.
So, what are the things that a court considers when deciding whether to award these periods of electronic communication to a parent? The court has three major considerations: first, whether electronic communication is in the best interest of the child; second, whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; third, any other factor that the court considers appropriate. You might be thinking that this sounds like the judge has a lot of discretion — that is exactly the case; a family law judge has a lot of discretion in family law cases in general. When deciding whether to award these periods of electronic communication, the court may consider, in its discretion, any other fact in the case that it finds relevant.
If you are the parent who has not requested the reasonable periods of electronic communication with the child, it is important to know how the court’s order will affect you. If a court awards a conservator periods of electronic communication with a child, each conservator who is subject to the order must do three things. First, they must provide the other conservator with the child’s email address and the child’s other electronic communication information. Second, they must notify the other conservator of any change in the child’s email address and the child’s other electronic communication information within 24 hours of the change. Third, if the necessary equipment is reasonably available, they must accommodate the electronic communication with the child, and the period must occur at a reasonable time for a reasonable duration determined by the court’s order. This means you must accommodate the other parent’s right to electronically communicate with the child if the court awards these periods to your co-parent. You need to provide the required information to your co-parent so they can electronically communicate with your child and make sure that any change in the child’s phone number, email, etc. is provided to your co-parent. You cannot prevent your co-parent from exercising this communication.
How does this electronic communication provision work if there has been family violence? If the court’s order contains provisions related to a finding of family violence in the suit, the court may award periods of electronic communication only if these things are true: first, the award and its terms are mutually agreed to by the parties; second, the terms of the award are printed in the court’s order in boldfaced and capitalized type; third, the terms of the award include any specific restrictions relating to family violence or supervised visitation required by other law to be included in a possession or access order. Our Family Wizard, a parenting website and app, is a useful tool to facilitate electronic communication without having to exchange phone numbers and emails in order to protect anyone who has experienced family violence.
We are used to constant access to our loved ones. It’s so easy, because of our constant use of cell phones and computers, to make a quick call or send a text. When your child is not in your possession, you may feel the need to have a phone call with them, video chat them, or text with them. Depending on your co-parent to make sure you get a chance to electronically communicate with your child without a court order can be frustrating — especially if your co-parent is blocking your electronic communication with your child. To rectify issues like this and bridge the communication gap, you can consider asking the court to order an electronic communication provision in your order.
Consult with one of our attorneys to determine if the electronic communication provision is right for your case. You can call our office at (832) 781-0320.