Boise, ID asked in Family Law and Child Custody for Idaho

Q: Is there anything I can do to make sure my daughters cell phone stays on and with her at night when she’s at her dads?

Just recently her phone started to be taken away and shut off at night. I have gotten 3 different responses as to why. I decided to buy her a phone under my plan hoping that it being mine he wouldn’t turn it off and now he is telling me it’s not welcome in his home.... I don’t call or text her regularly or interrupt their time. I just want the peace of mind that she can call me anytime day or night and he’s refusing this and it’s causing me serious concern since there have been no issues in the six years we have co parented. There is nothing about cell phones are calling in our agreement. Am I out of luck and just have to hope she is okay?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Hi Dad,

First, that wish of yours IS reasonable, to know that she can call you anytime, day or night if she’s in trouble or wants to talk to you! Secondly, you ARE out of luck (if step father says no) because this current “dispute” doesn’t constitute a “material, permanent change of conditions,” justifying a change of custody. Your daughter sounds like she is a teenager now huh?!

If she were 16 yrs old and step dad is refusing her to have a cell phone (on or off) and daughter was complaining to you about how step dad is treating you generally, then you MAY have a shot at convincing the court that there’s been a major, permanent change of conditions! Age plays a HUGE role in answering your question! But because she’s got a cell phone that you’re paying for, then Im just guessing that your daughter is 9 or 10 yrs old right? If this is true then there is NO WAY for you to win in court! If daughter is 15-17 yrs old then my answer may be completely different! Good luck dad!

1 user found this answer helpful

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