Q: Daughter cried because her father took her phone as retaliation for our youngest daughter losing her phone during my parenting time. We each pay a phone bill. Our kids are 7 and 11. Do not believe the 7yr should have a phone but the father insisted. Initially they shared a phone. I want to by our 11yr a new phone as I do not want to arguing with the father about returning the old phone. Iphones are not cheap what can I do to ensure he does not take the phone away? It is one thing to set ground rules about cellphone usage I can respect that but to take it and not return it is wrong. The phone is in my name and my property. They cannot communicate with either parent while walking to and home from, school. He will not allow them to use his phone to call me and will not answer if I call him.
A: Yes, you can file for modification & request that provisions be added to the order directing him to return the cellphones with the children after the visit – and to provide for specific times the children will be made available for a phone call each evening when in the other parent’s house. Schedule a consult with a Bronx Family Law attorney for a full assessment.