713-333-4430Parental Rights Over Social Media and Kid Privacy This Summer
The long, lazy days of summer often mean that children spend much more time in front of screens. Children connect to and through technology, from televisions to laptops to phones. Parents want to supervise this use, and in some cases, may even want to limit the child’s use. For example, while many parents are comfortable with their child using social media, others feel strongly that their child does not need to be on social media. These different opinions become problematic when divorced or separated parents disagree on their child’s use of social media. What happens when Texas parents disagree on children and social media use? Are there any laws that give parents specific rights to control their child’s use of social media? If a parent must reluctantly agree, are there any protections for their child’s privacy? At Boudreaux Hunter & Associates, our Texas child custody attorneys are prepared to review your case and may be able to assist you in understanding your parental rights regarding social media and what legal options you may have for protecting your child’s privacy online. Contact us to schedule a legal consultation and learn more.
Laws Regarding Children and Social Media in Texas
Two main laws in Texas protect children and their privacy online. The first is Children’s Online Privacy Protection Act of 1998 (COPPA) and is a federal law. The second is Securing Children Online Through Parental Empowerment (SCOPE), which is a Texas state law.
Children’s Online Privacy Protection Act of 1998
COPPA has been in place since 1998. This federal law prohibits unfair or deceptive practices or acts related to collecting, using, and/or disclosing personal information from or about children online. This law also requires that digital service providers (websites, apps, software, etc.) make a reasonable effort to obtain parental authorization before collecting, using, or disclosing a child’s information.
Securing Children Online Through Parental Empowerment
SCOPE took effect on September 1, 2024, requiring digital service providers to protect minors from harmful content and data collection practices. This law primarily applies to social media and digital services such as message boards, chat rooms, video channels, or any main feed presenting users with content created and posted by other users. SCOPE states that social media and other providers must limit the collection and use of a minor’s personally identifiable information and that those providers cannot share or sell that information. The law also prohibits minors from making purchases or conducting other financial transactions through the service. SCOPE prevents the service from collecting the minor’s geolocation data or displaying targeted advertising to minors. One of the law’s most significant clauses requires these providers to create and give access to parental tools that allow the parent or guardian to supervise their minor child’s use of the service.
Child Custody in Texas
In addition to the laws meant to protect children’s privacy and give parents some parental rights over their children’s social media use, Texas child custody orders may also provide some protections for parents and their children.
Texas Child Custody
In Texas, child custody is divided into two parts. The first part is conservatorship, or legal custody in other states. Conservatorship determines who has decision-making responsibilities for the child. Texas defaults to joint conservatorship unless the court deems one parent unfit. In a joint conservatorship, both parents must agree on most major decisions, including social media use.
The second part is possession of the child, which indicates which parent has physical custody of the child. This encompasses where the child primarily lives and visitation with a non-custodial parent. When a parent has “possession and access” to their child, or when the child is physically residing with or visiting that parent, the parent has certain rights and responsibilities.
Texas Parental Rights and Responsibilities
Texas Fam. Code § 153.074 lists the rights and responsibilities of parents. Specifically, it states that parents have a responsibility to protect, control, discipline, and provide care to the child while the child is in their possession. They also have a right to direct the child’s religious and moral training while in possession of the child. The child’s use of social media would fall under the religious and moral training, and could also be considered under the responsibility to protect and control the child. Most parents can agree on matters such as school attendance and taking the child to the doctor when sick, but there may be more disagreements when it comes to issues like social media use.
What If Parents Disagree Over Their Child’s Social Media Use?
Parents may disagree over whether the child can use social media in general or over specific platforms or specific uses on those platforms, such as whether the child can privately message other users or share photos that show their face. Whatever the disagreement, the parents must find a resolution. They will generally find this resolution in whether they have joint or sole conservatorship over the child.
Sole Conservatorship
In a sole conservatorship, only one parent has decision-making authority. This means that the parent given the sole conservatorship ultimately makes the decisions regarding the child’s social media use. They may choose to consult with the other parent and consider their opinions if they wish, but the sole conservatorship means the final call is theirs to make.
Joint Conservatorship
If the parents have a joint conservatorship, they share decision-making authority, which means they must agree on major decisions such as social media. When the parents have tried and all attempts at a civil dialogue have broken down, they can refer to the parenting plan. The court may have included a specific instruction regarding social media use in the parenting plan, and if so, that instruction will dictate the child’s social media use. If the parenting plan does not address this issue, or if it does and one parent strongly opposes what the parenting plan says, they can consult with a family lawyer to discuss asking the court to modify the parenting plan.
How a Houston Child Custody Lawyer Can Assist You
As adults, we often think of social media as unimportant and frivolous or something to be used for business purposes. When it comes to our children, it becomes a much more serious matter, as we want to protect our children’s privacy. When divorced or separated parents disagree on how to protect their child’s privacy and allow them to use social media, they may require the assistance of an attorney and the court system to find a resolution. At Boudreaux Hunter & Associates, we understand how important this issue is, and we are prepared to review your case and determine how we may be able to help. Call our Houston family law firm at (713) 333-4430 or come in to our office, located at 3555 Timmons LN Suite 1510 Houston, TX 77027, to schedule a consultation and learn more about your rights in determining your child’s social media use and protecting their privacy this summer.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
