West Covina, CA asked in Child Custody and Family Law for California

Q: Can my ex turn off my childs find my iPhone feature during his visitation time?

I bought an iphone for my son, and his father picks him during his visitation time. Is the father allowed to turn off the find my iPhone feature when he has my child, even though I bought the phone? My child is 8 and I don't necessarily trust him with the phone. I just randomly checked his location and realized it was off.

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2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Divorce Lawyer
  • Eagan, MN
  • Licensed in California

A: Yes, a parent can deactivate a child's find my iPhone feature during his visitation time.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, both parents typically have the right to make decisions regarding their child's welfare during their respective custody or visitation times. This includes decisions about the use of electronic devices, such as a child's iPhone. If you purchased the phone for your child and have set up location sharing for safety reasons, it's understandable that you'd want to keep this feature enabled, especially to ensure your child's safety.

However, the other parent may have different views on privacy, technology use, or safety during their visitation time. Unless there are court orders specifically addressing the use of electronic devices and features like "Find My iPhone," both parents generally have the discretion to manage these issues as they see fit during their custody periods.

If you have concerns about your child's safety or the use of the phone and its features like location sharing, it may be beneficial to communicate directly with your ex-partner to discuss these concerns and attempt to reach a mutual agreement. If an agreement cannot be reached and you believe your child's safety is at risk, you might consider seeking legal advice to understand if any modifications to your custody agreement could be warranted under your specific circumstances.

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