How the Courts View Custody in Relation to Email and Electronic Communications
Electronic devices such as smart phones, notebooks, and laptops that provide email, texting, and web cam capabilities have changed the way families communicate in a fast-paced world. Wireless technology has opened up communication channels between divorced parents and their children. While Texas courts encourage parental contact for child development, they also realized a need to put electronic communications in the proper perspective and establish guidelines.
The Texas Family Code Sec. 153.015 Electronic Communication lays the ground rules for how electronic device communications relate to child custody.
Time spent with a child through instant messaging, Skype, or other forms of electronic communication is not a substitute for physical possession or access to the child (visitation). Also, when determining child support, the court may not consider the availability of electronic communication as a factor.
Courts allow or limit periods of electronic communications with the child based on the child’s best interests and whether all parties addressed in the electronic communications court order have reasonable access to electronic communication devices.
Guidelines for electronic communication periods include:
- Both parents have the child’s email addresses and other electronic access information
- A parent must notify the other parent of the child’s contact changes within 24 hours
- Electronic communications with the child receive the same privacy, dignity, and respect as other communications
- Communications take place at reasonable times and for reasonable durations subject to limitations imposed by the court order
Contact a Texas child custody lawyer for answers to legal questions or concerns about an electronic communications court order.