Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?
He is refusing to let them talk to me
A:
Cutting off communication is, in general, not a good move for Dad. One of the factors a Court must consider when deciding what is in the best interest of the child is "which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent." If a parent is taking away cell phones and cutting off communication, that parent does not seem to be likely to allow frequent associations and a continuing relationship.
That being said, unless you have a court order stating that Dad must allow the children the use of their cell phones to communicate with you, there is nothing expressly prohibiting it.
The solution is to get a court order. As an attorney, I would send a letter expressly requesting that Dad allow the children to contact you with their cell phones while in Dad's custody, and if that does not work, file a motion with the Court for such an order. In most cases, a judge will grant such an order. I suppose if you are constantly calling and harassing the children and Dad with the cell phones, or calling at inappropriate times (such as while in school), or using the phone for other things (such as tracking them), then use of the cell phones might be limited. But a few phone calls a week is normally seen as a good thing.
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