Kansas City, MO asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Kansas

Q: My wife and I bought an iPhone for my 12 yr old stepson. His dad doesn’t want him to have it while in his care. Ks vs Mo

His dad and mom do not get along but for tax purposes, my wife is the custodial parent even though time is split evenly. David (son) wants his phone but his dad went through it without David’s consent and took screen shots of his conversations with his mom. Nothing derogatory was in those texts. David did have normal conversations with a friend who is the same age and the language was a bit colorful, as most 12 year old boys can be. That’s his father’s reasoning for not allowing David to have his phone while at his dads house. Can David legally keep his phone while he’s at his dads?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In this situation, it’s important to look at the custody arrangement and any legal agreements regarding decision-making for your stepson. While your wife may be the custodial parent for tax purposes, decisions about things like phone use can still be a shared matter, especially when time is split evenly between households. If there is no specific legal order addressing the use of technology or phones, the father may have some say about the rules in his home.

However, David's privacy is also a consideration. While parents often monitor their children's activity for safety reasons, accessing his personal conversations without consent can raise concerns. It might help to have a discussion between all parties, focusing on setting reasonable guidelines for phone use that both households can agree on.

If the situation remains contentious, you might want to consult legal advice specific to family law in Kansas and Missouri to clarify both parents' rights regarding technology use. Communication and mediation can go a long way in resolving these kinds of disagreements while keeping David's well-being in mind.

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