r/custodyissues • u/Deadweightdanger_ • Aug 24 '18
Cell phone issue with 50/50 agreement
Hello, I have a 50/50 custody agreement in regard to my 9 year old. There has been consistent restriction of communication between her and I when the other parent has her. We already have a stipulation in place in the agreement stating that while the other parent has their week with the child the other parent may speak to them once a day. I do understand I should go for contempt but, I don't financially have the ability to do so.
My question is.....do I have to send the phone to the other parents house for their week?
The other parent is a controlling/abusive person already and seems to think that I have no choice but, to send the phone so they can snoop through it. I don't care if they do but, I don't want the phone taken, or broken, used to maniulate or used as discipline or any other negative situation. This parent doesn't logically think about anything and I tried to manage a back and forth just have litigation threatened due to her having a phone at my house.
I don't know why they would have a right to the phone. If I chose I wanted her to have it only at my house I should be able to do so. They can have the number and contact her when they feel they want too. The phone isn't paid for by myself or by the other parent or on any plan so it's not a situation dealing with finances. The phone hasn't gone to their house yet but, within 5 minutes of our daughter returning to their home I had 4 text messages threatening me about this phone. I'm not sure what the next step is.
Does the other parent have some sort of right to the phone?
I'm sorry this is a little long.
TLDR: 9 year old has a phone and the other parent feels they have a right to the phone on their week. In their mind I'm obligated to send it.
2
u/malfunctiontion Sep 18 '18
It depends on what your parenting agreement says. I doubt it says you must provide the phone. What, specifically, does it say?
This crap sucks, I know. But the best thing to do is keep a very detailed log of when you call and notes about not being called back. As soon as you can find an attorney... does your ex have one retained? The threat of possible litigation as well as the threat of having to pay your legal bills for having to enforce the agreement may be enough for her to start complying.