This article addresses the legalities of spying on your child’s cellphone
in Harris and Montgomery County in Texas.
Yes. Parents or legal guardians are permitted to monitor the computer,
smartphone, or other electronic devices of their children.
Before you spy on anyone’s cell phone please consult with an attorney
and read my other blog article “Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights.”
Three legal components parents should be aware of include:
Texas Law recognizes the parental right to control the possessions of their
child. However, you should be the owner of the device on which you’re
installing the cell phone spy program.
This is an easy criteria to meet. Parents are usually the ones who buy
the phone in question and also pay the ongoing cellphone bill. This may
not be the case if the parents are
Although not a cellphone spying case ownership of a child’s cellphone
became an issue when a “Texas father arrested after taking away daughter’s cell phone.” In that case the father was ultimately acquitted. Even though
the father ultimately received a favorable verdict I believe this case
illustrates why clear ownership of the cellphone is important.
Monitoring a child’s conversations on a cellphone or electronic device
is only permissible without their informed consent is only permissible
until your child reaches 18 years old. After they turn 18 it ceases to be legal.
If you own the phone and your child is under the age of 18, they do not
need to give consent to be monitored.
One Texas case has held that “Although vicarious-consent is not
listed as an exception to the Texas wiretap law, the court of appeals
held that, in order to protect a child, a parent may record her child's
telephone conversations if the recording meets the standards in Pollock.
Alameda”, 181 S.W.3d at 778.Alameda v. State, 235 S.W.3d 218, 220
(Tex. Crim. App. 2007).
This falls under the principal that a child is not old enough to consent
to being recorded and parent can consent for them. If a parent consents
to the recording of the conversation between the child and the other parent,
one party to the conversation being recorded has consented.
If you want to know more about what you can do,
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“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Can I Sue My Ex for Hacking My Computer in My Texas Divorce?
- Cell Phones, Mail, Computers, Spying on your Spouse, and Privacy Rights
in a Spring, Texas Divorce
- Do I Need to Change My Passwords for a Divorce in Texas?
- How Social Media Can Hurt You in Divorce
- Why do divorces cost so much in Texas?
- How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce?
- How Much Will My Texas Divorce Cost?
- Can I sue my spouse's mistress in Texas?
- Roadmap of Basic Divorce Procedure in Texas
Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and