When to Use Provision

This provision can be added into a decree to help ensure military parents that they will be able to continue some form of communication with their child during times that they are away.  However, this type of provision is not limited to military families.  It could be used for any couple that will be long distance from one another.

The Texas family code does not require this provision to grant a divorce, so it is optional and only included for a client that wants some added measures to talk to the kids after the divorce is entered, while long distance.

Electronic Communication During Military Deployment

For purposes of this temporary order for military deployment, the term “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.

IT IS ORDERED that JOHN SMITH shall have electronic communication with the child as follows:  for one hour, each night, as agreed to by the parties 24 hours in advance by either email or text message.

IT IS ORDERED that the parties shall –

  1. provide each other with the e-mail address and other electronic communication access information of the child upon the temporary military duty and/or deployment  of JOHN SMITH;
  2. notify each other of any change in the e-mail address or other electronic communication access information not later than twenty-four 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 in this order.
  4. Termination of Orders

The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of JANE DOE to JOHN SMITH unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code.