It’s Tuesday evening, and your child is spending the week with their other parent. You haven’t spoken with your child in several days, so you call to see how school is going, ask about their day, and simply say goodnight. But your call goes unanswered. You try again the following evening, only to receive a text message from your ex telling you that it’s their parenting time and you need to stop calling.
Maybe your ex has blocked your number on your child’s phone. Perhaps they refuse to allow FaceTime calls or insist that you can only speak with your child when they’re at your house. Or maybe they allow calls occasionally but seem to interfere whenever you try to have a conversation.
These situations can be incredibly frustrating, particularly when you’re simply trying to maintain a relationship with your child while they’re away.
So, can your ex legally prevent you from calling, texting, or FaceTiming your child during their parenting time?
In Texas, the answer depends largely on the language of your custody order. While courts recognize the importance of maintaining meaningful parent-child relationships, parents do not automatically have an unlimited right to telephone or video communication whenever their child is in the other parent’s possession.
Understanding what Texas law provides, what your custody order actually requires, and what options may be available when communication becomes a recurring problem can help you determine how to address the situation.
Does Texas Law Give Parents the Right to Call Their Children?
Texas law specifically addresses electronic communication between parents and children. Under Texas Family Code § 153.015, courts may award reasonable periods of electronic communication to a conservator to supplement that parent’s periods of physical possession.
The statute defines electronic communication broadly and includes telephone calls, emails, instant messages, videoconferencing, and other forms of communication using electronic technology. This means traditional phone calls, FaceTime, and similar video applications can fall within the statute.
However, the law does not automatically establish a particular calling schedule for every parent. Instead, a court may include electronic communication provisions in a custody order when requested and when the circumstances support doing so.
In deciding whether to award electronic communication, the court considers whether the arrangement is in the child’s best interest, whether the necessary technology is reasonably available to the parties, and any other relevant factors.
Consequently, while Texas law provides a mechanism for protecting parent-child communication, the specific rights and obligations generally depend on what the court has ordered.
What If My Custody Order Doesn’t Mention Phone Calls or FaceTime?
This is one of the most important distinctions in these disputes.
Many parents assume that because they are joint managing conservators, they automatically have the right to call or FaceTime their children whenever they want. However, joint managing conservatorship does not necessarily create an enforceable right to electronic communication during the other parent’s possession.
Texas Family Code § 153.073 identifies certain rights that a parent appointed as a conservator generally retains at all times, unless limited by court order. These include rights relating to the child’s health, education, welfare, and access to certain records. However, that statute does not establish an unrestricted right to telephone or video communication with the child during the other parent’s possession.
If your custody order does not specifically address electronic communication, it may be difficult to compel the other parent to accommodate calls simply because you believe the requests are reasonable.
That does not necessarily mean refusing all communication is a good parenting decision. In many circumstances, allowing children to maintain appropriate contact with both parents is beneficial. However, there is an important legal difference between conduct that may be unreasonable or uncooperative and conduct that actually violates a court order.
If your order is silent on the issue and communication has become a persistent source of conflict, you may want to discuss whether seeking a modification would be appropriate.
What If My Custody Order Specifically Allows Phone Calls?
If your custody order includes provisions governing telephone or electronic communication, both parents are generally expected to comply with those provisions.
For example, suppose your order provides that each parent may have a telephone or video conversation with the child every evening between 7:00 p.m. and 7:30 p.m. for a reasonable duration. If your ex consistently refuses to answer, prevents the child from participating, or otherwise interferes with those calls, that conduct may violate the order.
The precise language matters. Some orders establish specific calling times, while others require the parents to provide reasonable opportunities for electronic communication without identifying particular days or hours.
Under Texas Family Code § 153.015, when a court awards electronic communication, the conservators subject to the order must accommodate that communication at reasonable times and for reasonable durations, subject to the order’s limitations and the reasonable availability of necessary equipment. The statute also addresses providing access information and respecting the privacy and dignity of the communication.
If you believe your ex is violating an electronic communication provision, an attorney can review the language and determine whether the circumstances support an enforcement action or another form of relief.
Can My Ex Limit How Often I Call?
Potentially, yes. Even when an order provides for electronic communication, that does not necessarily mean a parent can call at any time or as frequently as they wish.
For example, consider a parent who calls their child ten or fifteen times during a single evening, repeatedly interrupting dinner, homework, family activities, or bedtime. Even if the parent has a legitimate desire to speak with the child, the frequency and timing of those calls may become unreasonable.
Similarly, a parent should not assume that every missed call is evidence of intentional interference. Children participate in school, extracurricular activities, social events, and ordinary family routines. There may be legitimate reasons why a child cannot immediately answer the phone.
The goal of electronic communication should be to support the parent-child relationship without unnecessarily disrupting the child’s activities or the other parent’s household.
A reasonable arrangement may look different depending on the child’s age, schedule, needs, and relationship with each parent. For a young child, a brief scheduled video call may be appropriate. An older child with their own phone may communicate more independently.
Ultimately, the specific custody order controls, and any restrictions should be evaluated in light of the child’s best interests.
Can My Ex Listen to or Monitor My Conversations With Our Child?
This is another issue that frequently creates conflict between parents.
Some parents complain that their ex insists on remaining in the room during every phone call, places conversations on speakerphone, or interrupts whenever the child says something the other parent dislikes.
Texas Family Code § 153.015 addresses the privacy and dignity of court-ordered electronic communication. When electronic communication is awarded under that statute, the parties must accommodate the communication with the privacy, respect, and dignity accorded other forms of access, subject to applicable limitations.
However, that does not necessarily mean every telephone conversation must occur without any adult nearby. A very young child may need assistance operating a device, and certain circumstances may justify supervision or restrictions.
For example, an order involving family violence, supervised access, or other safety concerns may contain specific provisions governing electronic communication.
In ordinary circumstances, however, parents should be mindful that conversations between a child and the other parent are intended to maintain that relationship, not provide an opportunity to monitor, interrogate, or interfere with the communication.
If monitoring or interruptions are becoming a recurring problem, the specific terms of the order and the reasons for the restrictions should be carefully evaluated.
What If My Ex Blocks My Number on Our Child’s Phone?
This can be particularly upsetting when the child has their own phone and previously communicated regularly with both parents.
Suppose your teenager has a cell phone and routinely exchanges messages with you. After an argument between the parents, your ex blocks your number on the child’s phone or takes the device away whenever the child is at their house.
Whether that conduct violates a court order depends on the order’s language and the surrounding circumstances.
If the order specifically provides for electronic communication, intentionally preventing the child from participating may raise enforcement concerns. However, if the order does not address electronic communication, the legal analysis may be more complicated.
Parents also generally have legitimate reasons to establish reasonable rules concerning their children’s use of electronic devices. Restrictions involving screen time, schoolwork, bedtime, or inappropriate use of technology are not necessarily improper simply because they affect when a child can communicate.
The important distinction is whether the restriction serves a legitimate parenting purpose or is being used to interfere with the child’s relationship with the other parent.
When these disputes become persistent, documenting the circumstances and seeking legal advice may be more productive than escalating the conflict through repeated calls or confrontational messages.
What If My Child Doesn’t Want to Talk to Me?
Sometimes the issue is not simply that one parent is preventing communication. Instead, the child may be reluctant to participate in calls or video conversations.
This can be especially complicated with teenagers, who may prefer texting over telephone conversations or may not want to interrupt their activities to participate in scheduled calls.
A child’s reluctance to communicate does not automatically establish that the other parent is interfering. At the same time, a parent should not necessarily assume that saying the child does not want to talk excuses compliance with a specific court-ordered communication requirement.
The child’s age, maturity, emotional needs, and the circumstances surrounding the refusal all matter. There is a difference between a teenager who occasionally declines a call because they’re busy and a child who is consistently discouraged from communicating with a parent.
When a child repeatedly refuses communication, the focus should be on understanding the reasons rather than simply assigning blame. In some cases, the circumstances may warrant counseling, changes to the communication schedule, or other measures intended to support the parent-child relationship.
Can Phone Calls Be Used to Interfere With the Other Parent’s Parenting Time?
Yes, and this issue can arise from either parent.
While maintaining communication is important, telephone calls and FaceTime should not become tools for disrupting the other parent’s household or involving children in parental disagreements.
For example, a parent who repeatedly calls during the other parent’s possession to question the child about household activities, criticize the other parent, or encourage the child to request an early return may create unnecessary conflict.
Similarly, a parent who uses calls to communicate adult disagreements about child support, litigation, or the custody schedule may place the child in an uncomfortable position.
Children should not be expected to serve as messengers, provide information about the other household, or participate in disputes between their parents.
Appropriate electronic communication should focus on maintaining a positive relationship with the child. Asking about school, discussing activities, sharing experiences, and saying goodnight are very different from using the conversation to gather information or undermine the other parent.
Courts evaluating custody disputes may consider conduct that affects a child’s emotional well-being and the ability of the parents to support healthy relationships.
What Can I Do If My Ex Consistently Interferes With Calls?
If your ex repeatedly prevents you from speaking with your child, the first step is to review your custody order carefully. Determine whether it contains electronic communication provisions and, if so, what those provisions actually require.
If the order establishes specific calling times or other obligations, maintain accurate records of missed calls, unanswered requests, and communications concerning the issue. Text messages, emails, and call logs may help establish a pattern if legal action eventually becomes necessary.
It may also be appropriate to address the issue directly with the other parent in a respectful written communication. Rather than making accusations, explain the concern and propose a reasonable arrangement that accommodates the child’s schedule.
If the problem continues, your legal options may depend on whether the existing order addresses electronic communication.
When an order contains sufficiently specific and enforceable provisions, an enforcement action may be appropriate. However, if the order is silent or its language is too vague to provide meaningful relief, seeking a modification or clarification may be a more effective solution.
An experienced family law attorney can help evaluate which approach is appropriate under the circumstances.
Can I Ask the Court to Add Phone or FaceTime Provisions to Our Custody Order?
Yes. Texas Family Code § 153.015 specifically authorizes courts to award reasonable periods of electronic communication under appropriate circumstances.
If you’re currently going through a divorce or custody case, this is an issue worth addressing before the final order is entered. Including clear provisions concerning telephone and video communication can help prevent disagreements later.
For example, parents may want to consider whether the order should establish particular calling days or times, reasonable durations, access to necessary devices, and expectations regarding privacy.
The appropriate arrangement will depend on the child’s age, schedule, needs, and the parents’ circumstances. An overly rigid schedule may create unnecessary conflict, while an arrangement that is too vague may be difficult to enforce.
If you already have a final custody order that does not address electronic communication, you may be able to seek a modification when the applicable legal requirements are satisfied.
Under Texas Family Code § 156.101, modifications involving conservatorship or possession and access generally require a showing that the requested modification is in the child’s best interest and that an applicable statutory basis for modification exists, such as a material and substantial change in circumstances.
The fact that parents disagree about telephone calls does not automatically mean a court will modify the order. However, persistent communication problems may warrant evaluating whether more specific provisions would better serve the child’s needs.
Final Thoughts
So, can your ex block you from calling or FaceTiming your child during their parenting time?
The answer depends largely on your custody order. Texas law allows courts to establish electronic communication rights, but those rights are not automatically unlimited simply because the parents share joint managing conservatorship.
If your order specifically provides for telephone or video communication, the other parent may be required to accommodate those calls according to the order’s terms. If the order is silent, obtaining relief may be more complicated, and a modification may need to be considered.
Regardless of the legal requirements, parents should remember that children benefit from healthy, appropriate relationships with both parents when those relationships are safe and in their best interests.
Electronic communication should help maintain those relationships, not become another source of conflict between the adults.
Questions About Phone Calls, FaceTime, or Your Custody Order?
Disagreements over communication can quickly become frustrating, particularly when one parent believes the other is intentionally interfering with their relationship with the child.
At Grinke Stewart Law PLLC, we help parents throughout North Texas navigate custody disputes, possession schedules, enforcement proceedings, and modifications of existing court orders.
If your ex is preventing you from communicating with your child, or you’re concerned about unreasonable calls interfering with your parenting time, our attorneys can help you understand what your order requires and evaluate the legal options available to your family.
