Houston, TX asked in Child Custody and Family Law for Texas

Q: How can I maintain contact with my brother despite dad's restrictions?

I'm 16 years old and currently living with my mom and stepdad in Houston. My dad, who lives in Dubai, is preventing me from communicating with my 7-year-old brother, who lives in Portugal with my stepmom, because he believes I was involved in harassing my stepmom online. I want to wish my brother a happy birthday and maintain contact with him, as my dad is the only means of communication between us. My parents are divorced, and there is no custody arrangement that addresses this situation. What legal action can I take to maintain contact with my brother despite the restrictions imposed by my dad?

Related Topics:
1 Lawyer Answer

A: You do not have legal recourse in this situation. As your parent, your father has the legal duty of care, control, protection, and reasonable discipline of you in the absence of a court order to the contrary. He also has the right to represent you in legal action and to take decisions of substantial legal significance concerning you in the absence of a court order to the contrary.

That means he can restrict your communication with your brother to discipline you because he believes you were involved in harassing your stepmom online and to protect your brother from similar perceived harassment. He and your mother would also be people who have the right to make any legal decisions concerning you in this matter. Restricting communications with your brother is not in any way abusive. Since he is your only way of communicating with your brother, you need to address your desires and the circumstances that have led to his action with him if maintaining communication with your brother is important to you. Otherwise, you may have to wait until you and your brother are 18 years of age.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.