Can my dad take a phone away from me that I’ve been paying on for almost a year even tho I’m 18?

Question

I was kicked out of my fathers home and was made to give him “his” phone back (a phone I’ve made payments on for over the last almost year) and gave me my old phone I’d also paid for that I had when I came from my mothers house. I’m 18 years old and all of my financial information, work information, phone contacts, everything is connected to the phone number associated with the phone. I ended up going out and having someone to go completely out of their way to go and get myself another phone just to be able to contact people at my work to let them understand the circumstances. My father later on said he’d give me the phone if I kept making payments on it. I have no way of accessing funds in my accounts or anything. I’m getting by but it’s almost as if my belongings and the phone is being held “hostage”.

James L. Arrasmith · Answer

This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues: 
 
1. Age of majority: Since you're 18, you're legally an adult in Georgia. This means you have the right to own property and enter into contracts independently. 
 
2. Ownership of the phone: The crucial question is who legally owns the phone. If you've been making payments on it, you may have a claim to ownership. However, this depends on the specifics of the agreement and whose name is on the contract. 
 
3. Property rights: Generally, even parents cannot take property that legally belongs to an adult child without permission. 
 
4. Contract obligations: If the phone plan is in your father's name, he may have some legal control over the account, even if you've been making payments. 
 
5. Access to personal information: You have a right to access your personal and financial information. If your father is preventing this, it could potentially be seen as a form of financial abuse. 
 
Given the complexity of this situation, here are some steps you might consider: 
 
1. Try to gather any documentation you have about the phone payments and agreement. 
 
2. If possible, attempt to negotiate with your father to retrieve your personal information and transfer the phone to your name. 
 
3. Contact the phone service provider to explain the situation and see if they can assist you in accessing your account or transferring service. 
 
4. Consider seeking free legal advice from a local legal aid organization or a lawyer who specializes in family law. 
 
5. As a last resort, you might consider filing a small claims court case to recover the phone or its value if you can prove ownership. 
 
Remember, while the law generally protects your property rights as an adult, family disputes can be complex. It's often best to try to resolve these issues amicably if possible, but you do have legal options if necessary.

Q: Can my dad take a phone away from me that I’ve been paying on for almost a year even tho I’m 18?