When Co-Parents Disagree About a Child’s Social Media Use

 Posted on September 18, 2024 in Child Custody

The perils of social media for children are becoming a widely discussed topic. Cyberbullying, predators, addiction, propaganda, and sexualization are just some of the dangers concerning parents about social media for kids.

The issue has even caught the attention of policymakers. Earlier this year, Florida Governor Ron DeSantis signed a law banning social media for children under 14. More recently, Australian Prime Minister Anthony Albanese announced legislation to do the same.

Now, Texas has taken measures to protect kids from social media. The SCOPE Act, which came into effect this week, requires parental approval for children to have social media accounts. It also provides parents with tools to monitor and control their children’s use of social media to some extent.

This begs the question: what happens if two divorced parents with child custody disagree on whether their child should have a social media account?

This article will explore the rights and responsibilities of parents under Texas law and how they apply to a child’s social media use. Consult a Texas child custody attorney for more details or if you have questions about your particular case.

How Does Child Custody Work in Texas?

Child custody consists of two parts:

• Possession: This means having physical custody of the child.
• Conservatorship: This means having decision-making responsibilities for the child.

When two parents divorce, Texas law, by default, will award joint conservatorship to the parents unless a court deems one parent unfit. This means they both share parental rights and responsibilities.

However, even if one parent has sole conservatorship, the other parent still has certain duties and rights when he or she has possession of the child.

What Are the Rights and Responsibilities of Parents in Texas?

Texas Family Code 153.074 lists the rights and responsibilities parents have. Any parent who has possession of the child is responsible for:

• Protecting the child
• Controlling the child
• Disciplining the child
• Providing care to the child

During possession, a parent also has the right to direct what the law refers to as the child’s "religious and moral training." This may include the child’s access to social media.

However, in a joint conservatorship, that is not for only one parent to decide. Each parent has the right to "confer" with the other before making decisions about the child’s welfare, education, and health. A strong legal argument could be made that social media use impacts all three.

Because it is common for parents to disagree over certain parental decisions, such scenarios are usually addressed in a parenting plan.

What Is a Parenting Plan?

Before a court grants a divorce, the judge will want to know that the parents have a parenting plan. This is a document that outlines how the parents will divide possession of the child and their rights and responsibilities. For example, one parent might be responsible for making decisions about the child’s health, while the other parent might have the final say about the child’s religious upbringing.

Parents can either submit their own parenting plan for the court to review or the court will issue its own.

What if Parents Disagree Over Their Child’s Social Media Use?

If a parent has sole conservatorship, then decisions about the child’s social media use are made by that parent. If parents who are in a joint conservatorship disagree and attempts at civil dialogue have broken down, they can always refer back to the parenting plan.

If the parenting plan does not clearly address the issue, or if one parent disagrees strongly about the child’s social media use, he or she may consult an attorney about asking the court to modify the parenting plan.

Contact a Palo Pinto, TX Child Custody Attorney

Social media for children is a heated issue and many parents feel passionately about the topic. At The Law Offices of Kary L. Key, we have extensive experience in dealing with disagreements between co-parents and protecting the parental rights of our clients. Call 817-599-6969 to speak with a Parker County, TX child custody lawyer today.