Electronic communications are an important of our lives. What are electronic communications? They include phone calls, texting, emails, and Skype or Facetime.
Do you have the right to text or call your child?
Because communication is so important, Texas courts usually encourage parents to maintain contact with their children after divorce. It is in the children’s best interests.
What does Texas law say about electronic communications?
The Texas Family Code lets parents have reasonable periods when they can text or talk with their child. Even so, this is considered extra time spent with children. And, it is not considered part of visitation. Judges also consider whether electronic equipment is reasonably available for both parents.
Setting up a schedule for electronic communications is something you and your spouse can discuss. Ideally, you can work out an agreement as part of a parenting plan during divorce.
However, the statute also points out that electronic communications are not to replace visitation.
What are some ways court orders could address electronic communications?
Some examples of parents using electronic communications include:
- Helping older children with homework
- Saying good night to young children
- Reading young children a bedtime story
Courts can order that both parents have the right to communicate electronically with their children. You can decide what times are best. An example would be early evening between 5:00 and 7:00 p.m. or 6:00 and 8:00 p.m.
What if your ex-spouse is not letting you phone or text with your children?
Discuss the problem with your divorce lawyer. If you are already divorced, you can request a modification of your parenting agreement to include electronic communications. As long as your request is reasonable and in your children’s best interests, courts will usually grant your change.
If you have other questions about child custody, we are glad to answer them for you.