Video Visitation and Other Electronica

Posted on December 5, 2007 by Jimmy Verner

The Texas legislature has gone high-tech, at least in the variety of ways Texas law now permits a conservator to keep in touch with his or her children.  In new Texas Family Code section 153.015 - entitled "Electronic Communication with Child by Conservator" - the legislature has endorsed frequent contract by "telephone, electronic mail, instant messaging, videoconferencing, or webcam."

But the legislature also made clear that electronic visitation is intended to supplement periods of physical possession, not replace it.  The new statute specifically states that electronic communication "is not intended as a substitute for physical possession."  Further, the availability of electronic communication cannot be considered by a court as a factor in setting child support.

What are the requirements for electronic visitation?  There are three:

  1. Each parent must provide the other parent with the child's email address plus any other information needed for electronic visitation.
  2. Each parent must notify the other parent of any changes in email addresses or other information not later than twenty-four hours after the change takes effect.
  3. If "necessary equipment is reasonably available," each parent must permit electronic visitation at reasonable times "with the same privacy, respect, and dignity" as physical possession.
According to long-time family law Prof. John J. ("Jack") Sampson of the University of Texas, the legislature decided to add this section after "hearing stories of parents not allowing children to speak to the other parent during periods of possession."  While they were at it, the legislators decided to include email, instant messaging and video.

Section 153.015 appears after the break.

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