In Texas, child custody phone calls are governed by Section 153.015 of the Family Code, which lets a court award a parent “reasonable periods of electronic communication” with the child during the other parent’s possession time. That covers phone calls, video chats, email, and messaging apps. The catch is that the court does not add this to every custody order automatically. A parent who wants enforceable call times has to ask, and the judge has to decide it serves the child’s best interest before writing it in.1State of Texas. Texas Code FAM 153.015 – Electronic Communication with Child by Conservator
What Counts as Electronic Communication
Section 153.015 defines electronic communication broadly. Any contact through a wired or wireless device connected to the internet or another electronic medium qualifies. FaceTime, Zoom, WhatsApp, standard cell calls, email, and instant messaging all fall inside the statute.1State of Texas. Texas Code FAM 153.015 – Electronic Communication with Child by Conservator
The statute uses the word “may.” A court may award electronic communication periods when a conservator requests them. If neither parent raises the issue during the case, the final order can stay silent on phone access, and silence leaves nothing to enforce later. Getting the language into your decree at the outset is much easier than coming back for a modification.
What the Judge Weighs Before Granting Phone Access
Section 153.015(b) lists three things the court considers before ordering electronic communication:
- Whether the electronic communication is in the best interest of the child.
- Whether both parents have the equipment necessary to make the communication work.
- Any other factor the court considers relevant.
Best interest here is a factor the judge weighs, not a presumption tilting toward the requesting parent. A judge could decline if a very young child becomes distressed during calls, or if there is a history of a parent using phone contact to coach or pressure the child. The equipment question matters when one household lacks reliable internet or a device capable of video. The catch-all lets the judge look at the child’s age, the parents’ schedules, the distance between homes, and any pattern of conflict around communication.1State of Texas. Texas Code FAM 153.015 – Electronic Communication with Child by Conservator
How Phone Access Is Usually Written Into an Order
Texas orders handle this two ways. Some grant open-ended “reasonable” electronic communication, letting parents coordinate around the child’s day. Others spell out specific windows, such as calls between 7:00 and 8:00 PM on set weekdays with a defined duration. Neither approach is required by statute.
Specific windows tend to work better when parents cannot cooperate, because compliance is unambiguous. The order says Tuesday and Thursday at 7:00 PM for twenty minutes, and there is nothing to argue about. Reasonable language works when the co-parenting relationship is functional, but leaves openings for disputes if it deteriorates. If you are drafting an agreed order and the trust is there, flexible language is fine. If it isn’t, push for specifics.
Privacy and Contact Information
Section 153.015(c)(3) requires each parent to accommodate the child’s electronic communication with the same privacy, respect, and dignity given to other forms of access. In practice, the parent who has the child during a scheduled call should not listen in on speakerphone, hover, or interrupt. The child is entitled to a private conversation with the other parent.1State of Texas. Texas Code FAM 153.015 – Electronic Communication with Child by Conservator
The same subsection also requires each parent to share the child’s email address and other contact information with the other parent, and to give notice within 24 hours of any change. Quietly switching the child’s phone number or setting up a new email account without telling the other parent violates that duty.
Do Not Record the Calls
Recording your child’s calls with the other parent to build a paper trail is a bad idea in Texas. Penal Code Section 16.02 makes it a crime to intentionally intercept a wire, oral, or electronic communication. The affirmative defense applies when the person intercepting is a party to the conversation or when a party has given prior consent.2State of Texas. Texas Penal Code PENAL 16.02 – Unlawful Interception, Use, or Disclosure of Wire, Oral, or Electronic Communications
A parent who quietly listens in on the child’s call with the other parent is typically not a party to that conversation, and whether a young child can give legally meaningful consent to being recorded is doubtful. Beyond the criminal exposure, a judge who learns you secretly recorded a child’s calls may view that unfavorably in future custody decisions. If something being said during calls genuinely worries you, raise it with your attorney instead.
Phone Access Cannot Replace In-Person Time
Section 153.015(d) states that electronic communication is not intended as a substitute for physical possession or access where physical access is otherwise appropriate. A court cannot cut your in-person time and hand you extra video calls to make up the difference. The same subsection also bars the court from factoring electronic communication into child support calculations. If the other side argues that generous phone access should offset fewer overnights or lower support, the statute directly forbids that trade.1State of Texas. Texas Code FAM 153.015 – Electronic Communication with Child by Conservator
Family Violence Cases Follow Different Rules
When the case involves findings related to family violence, such as supervised visitation, the court can only award electronic communication if both parents agree. Section 153.015(e) also requires that the terms appear in the order in bold, capitalized type and include all restrictions the law requires for supervised visitation or family violence cases. A judge cannot grant electronic access over the objection of a parent protected by those findings.1State of Texas. Texas Code FAM 153.015 – Electronic Communication with Child by Conservator
Getting the Language Into Your Order
If your case is still open, ask your attorney or the court to put electronic communication provisions in the proposed order. Nail down the type of contact (phone, video, or both), the days and times, the maximum duration, and which parent places the call. The more specific the wording, the easier enforcement is later.
If your existing order says nothing about phone access, you will need to file a modification. Forms are available from the district clerk’s office in the county that holds jurisdiction, and through Texas self-help resources online. Your petition should explain why adding electronic communication is in the child’s best interest and confirm that both households have the equipment. Courts generally receive these requests well when there is no history of abuse and the child is old enough to benefit from phone or video contact.
Enforcing Phone Access If the Other Parent Blocks Calls
Once electronic communication is in the order, it is enforceable like any other provision. If the other parent ignores call windows, blocks your number, or takes the device away at scheduled times, you can file a motion for enforcement.
Texas Family Code Section 157.002 sets out what the motion has to contain. It must identify the specific provision violated, describe how the other parent failed to comply, and state the relief you want. For violations involving possession or access, the motion must include the date, place, and time of each occasion the other parent failed to comply.3State of Texas. Texas Family Code Section 157.002 – Contents of Motion Vague allegations will not survive a hearing. You need entries like: “On March 12, 2026, at 7:00 PM, I called the child’s phone as ordered and received no answer. At 7:15 PM, I called again and the call was declined.”
File the motion with the district clerk in the county with continuing, exclusive jurisdiction, which is usually the county where the original order was signed.4State of Texas. Texas Code FAM 155.001 – Acquiring Continuing, Exclusive Jurisdiction The filing fee for an enforcement motion in a custody case is $80 under Texas Family Code Section 110.002, and no additional filing fees may be charged for this type of action.5Texas Courts. District Court Civil Filing Fees After filing, the other parent has to be formally served, typically by a process server or constable, with service fees generally running between $20 and $100.
The court then sets a hearing. Bring evidence: call logs from your carrier, screenshots of declined or unanswered calls, and text messages where the other parent acknowledged cutting off contact. Co-parenting apps that generate time-stamped, unalterable records of call attempts carry weight, because the log cannot be disputed after the fact.
If the judge finds the other parent in contempt, penalties can include confinement in jail for up to six months, a fine of up to $500 for each violation, and an order to pay your attorney’s fees and court costs. Courts can also order make-up possession time to compensate for the access you lost. Jail time is reserved for the worst or most repeated violations, but putting the possibility on the record tends to produce compliance on its own.