Legal Question in Family Law in Massachusetts

I have shared custody of my six year old son. Two weeks ago my son's mother informed me that her husband (who has no legal standing regarding my son) had purchased my son a phone. (My input was never asked, my son is too young to have a phone.) When I picked up my son last Wednesday, he had the phone with him. Looking at the phone, it has a GPS tracker on it. I shut the phone off, and immediately began recieving harassing/threatening messages on my phone from both the mother AND her husband demanding I turn the phone back on. (Obviously they have nothing better to do and were tracking the phone.) When I picked up my son again on Saturday, he again had the phone, so as a test, I shut the phone off several times during the day, and I would immediately recieve a harassing/threatening message from the mother, AND her husband, demanding I turn the phone so it could be tracked. In a message from the mother, she admitted her husband was tracking the phone. Any suggestions? I don't like being tracked, I don't like being threatened or harassed, and I don't like being responsible for an expensive phone. I'd like to throw it in a lake.

Asked on 6/25/12, 1:53 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Giving the telephone is not fatal.

Tracking is another issue. A quick analysis suggests that it is improper.

The demanding calls are equally improper.

You are not responsible for the telephone.

There must be some resolution that you and your ex can reach.

Answered on 6/25/12, 7:06 am

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