Q: If I buy my son a phone can my ex take it away? I mean not just when my son is at his house but completely.
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A:
Generally, a parent who purchases a gift for their child maintains no special legal control over that item after giving it. The phone you buy becomes your son's property, and your ex-spouse cannot permanently confiscate it without valid cause.
While your ex has the right to set reasonable rules about phone usage during their parenting time - including temporarily restricting access as discipline - they cannot permanently take away or dispose of the phone. This falls under the principle that each parent can establish household rules during their own custody time, but neither parent can interfere with the other's parenting decisions or property.
If your ex does attempt to permanently take the phone, you may want to document the situation and raise it with your family law attorney or the court. Consider adding specific language about electronic devices to your custody agreement to prevent future conflicts. You might also work with your ex to establish consistent rules about phone usage across both households, which often leads to better outcomes for everyone involved.
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