Is there anything I can do about my ex wife giving our child a cell phone when she is only 5 years old?

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My ex wife was in contempt of court and not allowing me to see our 5 year old daughter. She has recently started resuming visitation however she sends my daughter with a cell phone, saying that she needs to carry it on her at all times. I have never prevented my daughter from contacting her mother and her mother gets angry if my daughter calls from my phone instead or if she hears that we went somewhere and did not bring the cell phone. I think my daughter is too young for one and this is turning out to be a big annoyance. We are still in court hearings regarding visitation issues. Is it possible to bring this up in court and have it resolved? A five year old should not have a cell phone, especially when she is safely with her father that does not disallow contact with mom.

Attorney Answer

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Christopher Tamms ·
You can certainly bring this up at your next court date, but I wouldn't file anything based solely on this issue. As long as you are following all court orders you are well within your rights to prevent your daughter from having a cell phone when she is with you and absent a court order your ex cannot force you to have your daughter carry it. I would argue that your ex calling during your visitation interferes with your rights as a father. Maybe take the phone and put it on silent mode. At the end of the day your daughter can call her mom before bed if she wants. Keep in mind, that if the judge or a court order says differently you are bound by those determinations.
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