Legal Question in Family Law in Utah
Cell phone rights of a child.
My daughter lives with her mother. She is 15. I bought her a cell phone when she was 14. I pay for it all. Her mother has decided she wants to use the phone as a punishment when my daughter breaks their rules. She also wants to impose a curfew on her daily talking and texting. Her mother always seems to go after things that involve me or that I have bought. Her mother says she will not allow the phone in the house, unless she has this control over it. What legal rights do I have, if any to keep her from using the phone for her punishment purposes? Does her mother have the right to decide what will and wont be in her house. Such as a phone? What rights do my daughter and I have?
2 Answers from Attorneys
Re: Cell phone rights of a child.
When your daughter is in her mother's home, her mother can set whatever reasonable rules she wants to, including limiting use of a cell phone or taking the privilege away as a form of discipline. Your ex-wife may not, however, prevent your daughter from calling and talking to you or vice-versa at reasonable times. By the same token, when your daughter is in your home, you likewise have the right to set rules for her, including implementing any reasonable displine. However, you may not restrict her reasonable telephone contact with her mother while she is with you. I would recommend you speak with her mother and work with her in developing a common strategy on discipline and when telephone contact will take place. If you continue to have conflict, you may certainly take it to court, but that usually does not solve the problem on a permanent basis.
Re: Cell phone rights of a child.
You need to get a court order requiring your ex to allow the child to call at reasonable times. The process begins with mediation, and if that is not successful then you go to court.
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