New Law Requires Parental Consent for Underage Social Media Use

 Posted on October 15, 2024 in Family Law

Parts of the SCOPE Act (HB 18) recently went into effect in Texas after the governor signed it into legislation last year.  One part of the new law requires parental approval for a minor under the age of 18 to create a social media account. Digital service providers, such as companies that own software, apps, and websites, must now protect minors from harmful content and data collection practices. Since the law requires parents to approve the creation of a social media account, the issue can become a hot topic for parents who disagree about the use of social media for their children.  

While married parents may disagree about whether a child is old enough or mature enough to have his or her own social media account, it can become more of an issue between divorced parents who are navigating the choppy waters of child custody and co-parenting. If you and your ex disagree about whether your child should be allowed to have his or her own social media account, who has the final say? For this and other difficult questions, it may help to consult with an experienced McKinney, TX child custody attorney from The Ramage Law Group.

What Does the SCOPE Act Do?

The Scope Act requires all digital service providers to register the age of people creating accounts and prevent them from altering their age later. The collection of a minor’s personally identifiable information must be limited and cannot be shared or sold.

Minors are prohibited from making purchases or conducting any financial transaction through social media or digital services, even if they have parental approval to have a social media account. Any digital service provider that publishes harmful or obscene content must use an age verification method to ensure the user is 18 or older.   

What if My Ex and I Cannot Agree on Our Child’s Social Media Use?

A judge blocked provisions requiring social media companies to filter harmful content but upheld the requirement for parental consent for minors to create accounts and for parents to monitor their child's social media use. If one parent is fine with social media use and the other is strongly against it, they must either reach a mutually acceptable agreement or let the court decide.

If legal custody – the ability to make decisions about such important issues as religion, education, and health – was given solely to one parent, then that parent would likely be able to make the decision regarding social media. If legal custody is shared, both parents should agree on the issue of social media use in the same way they do about other important issues.

One parent may view social media use as a disciplinary issue, with each parent making their own decisions on it when the child is in their care. If one parent feels the other’s lack of restriction exposes the child to safety or mental health risks, then it could be necessary to seek a court order to settle the issue. A parent seeking a judge’s ruling on what should be allowed must be prepared to provide evidence of the negative impacts of allowing social media use.

Contact a Collin County, TX Child Custody Lawyer

When you choose a McKinney, TX child custody attorney from The Ramage Law Group, you have chosen a firm that focuses on collaborative law and client relationships. We are an all-woman firm with highly child-focused attorneys, ready to help you with any family law issues you may have. Contact The Ramage Law Group at 972-562-9890 to set up an appointment with one of our knowledgeable attorneys.