Texas Child Custody and Possession
Geoffrey E. Schorr
During the holidays, it is now easier for conservator parents in Texas to keep up with their children. Texas lawmakers recently decided to incorporate advances in technology into the Texas Family Code. In section 153.015 of the Texas Family Code, entitled “Electronic Communication with Child by Conservator,” legislators have made it easier for conservator parents to communicate with their children during times when they don’t have physical possession. The Family Code now endorses frequent contact by “telephone, electronic mail, instant messaging, videoconferencing, or webcam.”
John J. (”Jack”) Sampson, a family law professor at the University of Texas in Austin, has commented that Texas lawmakers decided to add the new statute to the Texas Family Code regarding child custody after “hearing stories of parents not allowing children to speak to the other parent during periods of [child] possession.”
It is important to note that the new Family Code section does not replace a conservator’s physical possession of his or her child or children, it is simply intended to supplement periods of child possession. The new statute states that forms of electronic communication are “not intended as a substitute for physical possession.” Moreover, Texas courts are not to take into consideration the availability of electronic communication when determining child support.
Pursuant to the new electronic communication statute, the following is required:
- Parents must provide each other with each child’s internet email address, as well as any other information needed for electronic visitation.
- Parents must notify each other of changes in email internet addresses, or other information no later than twenty-four hours after any change is made.
- If “necessary equipment is reasonably available,” parents must allow communications via electronic visitation during reasonable hours “with the same privacy, respect, and dignity” as physical possession.
Because of this new legislation, parents will be better equipped to keep up with and monitor their children.
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Posted in Family LawTags: Child Custody, Family Law, Possession
13. April 2009 at 10:15 am :
Well, this change is great as long as the parent’s and/or children have access to the computer for email or web cam and to a cell phone for text messaging. I know that it will make some of our communicating during visits run smoother than having just the phone to depend on.
Renee