Video Visitation and Other Electronica
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:
- Each parent must provide the other parent with the child's email address plus any other information needed for electronic visitation.
- 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.
- 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.
Section 153.015 appears after the break.
Texas Family Code § 153.015. Electronic Communication with Child by Conservator
(a) In this section, ‘‘electronic communication’’ means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or webcam.
(b) If a conservator of a child requests the court to order periods of electronic communication with the child under this section, the court may award the conservator reasonable periods of electronic communication with the child to supplement the conservator’s periods of possession of the child. In determining whether to award electronic communication, the court shall consider:
(1) whether electronic communication is in the best interest of the child;(2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and
(3) any other factor the court considers appropriate.
(c) If a court awards a conservator periods of electronic communication with a child under this section, each conservator subject to the court’s order shall:
(1) provide the other conservator with the e-mail address and other electronic communication access information of the child;(2) notify the other conservator of any change in the e-mail address or other electronic communication access information not later than 24 hours after the date the change takes effect; and
(3) if necessary equipment is reasonably available, accommodate electronic communication with the child, with the same privacy, respect, and dignity accorded all other forms of access, at a reasonable time and for a reasonable duration subject to any limitation provided by the court in the court’s order.
(d) The court may not consider the availability of electronic communication as a factor in determining child support. The availability of electronic communication under this section is not intended as a substitute for physical possession of or access to the child where otherwise appropriate.
(e) In a suit in which the court’s order contains provisions related to a finding of family violence in the suit, including supervised visitation, the court may award periods of electronic communication under this section only if:
(1) the award and terms of the award are mutually agreed to by the parties; and(2) the terms of the award:
(A) are printed in the court’s order in boldfaced, capitalized type; and(B) include any specific restrictions relating to family violence or supervised visitation, as applicable, required by other law to be included in a possession or access order.
