In Texas, the courts commonly grant electronic communication between a parent and child in a divorced couple’s final orders as a supplement to physical bonding time. This bridges the gap between physical visits using modern technology. However, it is important to understand that this is not an automatic statutory right for a non-custodial parent.
What electronic communication is all about
Under Texas law, electronic communication refers to these activities:
- Video calls on FaceTime, Zoom or Skype
- Emails and instant messaging via texts, WhatsApp or iMessage
- Interactions on online games
If you are the non-custodial parent, you can ask the court for scheduled e-visits to supplement your physical time with your child. The judge uses their discretion to assess whether the request benefits the child’s best interests. Additionally, the judge considers whether both parents have access to the necessary technology to facilitate the e-visits.
What you must do to follow court orders
Should the judge order electronic communication, both parents must follow their specific duties:
- Information sharing: Both parents must provide each other with access to their child’s email address, username and phone number.
- Immediate notice after data change: One parent must inform the other within 24 hours about the changes to their child’s contact information.
- Privacy and respect: Both parents must provide a private space for electronic communication.
Fulfilling these duties can help you stay connected with your child. However, remember that you must still spend physical time with them.
Making the connection stick
When the judge issues a final court order, the terms of electronic communication should be clear in your decree. If there are any confusing guidelines, it would be best to confirm the meaning with the judge. Additionally, seeking legal advice from an attorney can be a valuable resource that can help you protect the relationship with your child.