During my ex's visitation period, they won't let me talk to my child. What can I do?

A parent or conservator may petition the court to order reasonable periods of electronic communication during the time when the child is not with that parent or conservator. Effective September 1, 2007, the Texas Legislature added Section 153.015 (“Electronic Communication with Child by Conservator”) to the Texas Family Code, which allows the court discretion to supplement a conservator’s possession and access to a child by ordering contact via telephone, e-mail, instant messaging or webcam. When considering whether to award electronic communication, the court will examine what is in the best interest of the child, whether electronic equipment necessary to facilitate the electronic communication is reasonably available to all parties, and any other factor the court considers appropriate. Section 153.015 of the Texas Family Code applies to a Suit Affecting the Parent-Child Relationship filed before, on, or after September 1, 2007.

Divorce Planning Tip - Securing Communications

An important question I ask of all clients is whether they have a secure e-mail address and a "safe place" to receive mail from my office.  When spouses are in the beginning phases of the divorce process, accidentally alerting the other spouse to divorce plans can have a negative impact ranging from tipping one's hand early too early or up to and including domestic violence in extreme cases.

If you plan to correspond with your attorney via e-mail, make absolutely sure that your spouse cannot access your e-mail account.  You might consider changing your password or opening a new e-mail account. 

In terms of "snail mail," you might consider renting a PO Box through a United States Post Office location or a private company such as the UPS Store, or Mailboxes, etc.  This is an inexpensive way to make sure your confidential communications with your attorney are not compromised.