Marcellus, NY asked in Family Law and Child Custody for New York

Q: Can a parent take away a phone that the other parent bought and pays for?

I bought a new phone for my daughter because her mother has taken hers for over a week now restricting my communication with her. In addition she has blocked my fiance on her phone claiming the child should not be speaking to her since she is not her mother. If we provide and pay for a new phone so we can continue checking in when she is not here, does her mother have the right to take the phone and continue restricting contact with us?

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Divorce Lawyer
  • Commack, NY
  • Licensed in New York

A: You are really asking two questions. Can the custodial parent take away a child's phone? And, can the custodial parent rstrict communications with the non-custodial parent? The custodial parent can set rules of their household and has day to day decision making power. If she feels that the phone is a distractiuon or is unhealthy for the child's well being, she can take the phone away. This depends on the child's age and the circumstances. However, the custodial parent may not limit communication with the non custodial parent if it is mandated in the custody order. You can go to court to order communication unless it is not in the child's best iterest and the court could determine that the cellphone is the best method. Speak to a local attorney.

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