My Ex unilaterally provided cell phones to our children without prior discussion with me or my agreement. I do not feel our children are ready for the responsibility of having cell phones. I have refused to allow the phones be brought to my home for use during my custodial time (80%) and made clear they are to remain with my Ex who has decided to allow use during their time (20%, entirely weekend and vacation time). Our parenting agreement provides for phone contact at a set time for the non-custodial parent specifically to the other parent’s phone. I have provided my home phone and cell phone for these calls. Calls are answered promptly when received and returned within 1 hour if school or extracurricular activities conflict with the set time. Am I within my legal right to refuse use of cell phones for our children in my household (during my custodial time) until an age I feel is appropriate or can my Ex force these phones into my home without my consent (or court order on this issue)?
Sounds like you are being reasonable. Encouraging the phone contact and making it available should be enough for the Judge who may hear your ex's case.
You can establish household rules when they are in your custodial care as can the other parent.
Just to add to my colleagues have stated, but I would also point out that these days that phrase “cell phone“ and variable your main smart phone and smart phones can be very unsuitable for children in certain ages. So I doubt very much that a judge would have a problem with your regulating such a thing. That said, there isn’t any case law on that yet, as far as I’m aware.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
I agree with my colleague who stated "You can establish household rules when they are in your custodial care as can the other parent." I would just add that -- provided you comply with any orders from the court in regard to telephone contact with the other parent. The issue is telephone contact -- not what phone the contact comes from.
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