Sierra Vista, AZ asked in Child Custody and Communications Law for Arizona

Q: Privacy of communication between children and non-custodial parent

I am recently divorced and my ex-wife is monitoring texts between me and my children, as well as hovering over them whIle we talk on the phone. Is this legal in the state of Arizona? Don't I have some form of privacy allotted to me when talking with my children?

1 Lawyer Answer
Randi Sirlin
Randi Sirlin
  • Phoenix, AZ
  • Licensed in Arizona

A: In terms of what is legal in the State of Arizona, this depends, in part, on what your parenting plan states.

Most parenting plans do contain clauses regarding communications between the parent who is not with the children and the children and a good parenting plan will include orders that the parents allow privacy for the child and communicating parent, so long as there are no concerns regarding inappropriate communications.

If your parenting plan does not have the appropriate clauses, or if it does, but your ex-wife is disobeying them, I suggest you contact an experienced family law attorney to assist you further.

Nothing in this answer should be construed as providing legal advice.

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