Austin, TX asked in Divorce, Family Law, Child Custody and Child Support for Texas

Q: Am I responsible for my son damaging his cell phone that the other parent provides?

Am I responsible for my son damaging his cell phone that the other parent provides?

My son's mother has consistently insisted my son use and have access to the device she provides. I have never been given access to this device but have allowed it be used by my son to avoid drama. My son is almost 14 and jumped into a pool over the weekend while in my care and had his cell phone in his pocket. Do I have to reimburse his mom for the phone she insists him use.

How would you respond to this: I’ve ordered a new phone for his use. It will be here next week. We’ll talk later about reimbursement for my damaged property.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Under section 41.001 of the Texas Family Code, a parent who has the duty of control and reasonable discipline of a child is liable for property damage proximately caused by the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent to exercise that duty.

Depending on the facts of your particular situation, you could be legally liable for the damage to the phone.

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