Can the custodial parent confiscate a cell phone purchased by the non-custodial parent?

My daughter who will be 14 next month has a cell phone. Her mother has blocked my current wife and my stepchildren from being able to text or call her. Not that they where causing problems. Strictly out of spite. If I purchase a cell phone for my daughter on my cell phone plan can my ex-wife take the phone or stop her from having it?

Asked on November 11, 2011 under Family Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  What your ex is going to say is that your daughter was using the phone at inappropriate times and that is was interfering with her studies, etc.  But you can not be denied access to your daughter and she has a fundamental right to have access to her siblings.  So you need to challenge your ex wife on this issue as soon as you can.  If you can establish that your ex wife is interfering with your ability to have access to your daughter and that you have purchased a cell phone to allow your daughter access to you, her father, at any time and that is with out interference to the parental rights of your ex wife,  then I think that the coutrs will be on your side.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.