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I'm asking this legal wise, my dd got a cell phone from her dad for her birthday, can I take it away?

She is 11 and not responsible enough to have one...I have full custody of her...if I take it away, can he take action against me?


Asked by Ktbodin0479 at 8:04 PM on Dec. 14, 2009 in Tweens (9-12)

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Answers (15)
  • I do not believe that there is a legal issue with you having full custody. He was the one the took it upon himself to get the phone for her without your consent or discussing it with you first. You are the custodial parent and ultimately have the final say so in the issue as to whether or not she has the phone. Now....if he wants her to have it so that she can call him, then let her use it exclusively for those purposes under your supervision. Judge Judy is not the best guage here since laws vary state to state but it would be the same if any gift was given & you did not approve as the custodial parent. You are the parent that child has to answer to & you have been given the full say-so in their day to day life. Dylan's grandparents bought him a cell phone & I took it away. They were not happy with me but there was nothing they could do!

    Answer by Momof3cuties at 9:52 PM on Dec. 14, 2009

  • legally, I don't know for sure. But I would say if you took it away and just turned it off and didn't use it there is nothing anyone can do about that. But if you used it for yourself, then you could potentially get into trouble.

    Answer by Anonymous at 8:07 PM on Dec. 14, 2009

  • Per Judge Judy, No you can not take it away because it was a gift to her. Her father can not take it away unless rules were laid out before giving it to her and she has to break that verbal contract, other wise it is hers....

    You have no money invested in the phone or the bill it's self so don't worry if she is not responsible enough to have one. She just might surprise you...

    Answer by midnightmoma at 8:09 PM on Dec. 14, 2009

  • Yeah, I am sorry but no way in hell. When some dipshit gave my 3 year old a skateboard and I took it away I really would like to have someone to tell me that I am in the wrong because it was a gift to them. As a parent of a minor you have the right to take away and give things to your kids. She has full custody, I think it is up to her.

    Answer by jcp270 at 8:15 PM on Dec. 14, 2009

  • When I say she is not responsible, she is not old enough to have a private conversation in her own room. She doesn't even have a cordless phone in her room. She is not responsible enough to not take the phone to school with her. She cannot be trusted.

    Answer by Ktbodin0479 at 8:20 PM on Dec. 14, 2009

  • Just have it turned off if you can. She can have the phone all she wants, it just won't work. And if you can't do that, take it away and put it up in a closet until a time when you think she is deserving of it or she might need it for an emergency. You control it. You have full custody of her so you control things such as that.

    Answer by mom2BOYZnDad at 8:21 PM on Dec. 14, 2009

  • You cant have a verbal contract with an 11 year old, lol.
    Take it away.

    Answer by Gealach at 8:29 PM on Dec. 14, 2009

  • But does anyone really know if I'm stepping over legal boundaries taking away the phone? When it was given by her father...

    Answer by Ktbodin0479 at 8:31 PM on Dec. 14, 2009

  • I would say if you are worried about legalities, take it away and give it back to her father. Tell him she can't have it because you don't allow cell phones at her age. End of story. If he has a problem with it, too bad, hes not the custodial parent and does not make those rules!

    Answer by mom2BOYZnDad at 8:38 PM on Dec. 14, 2009

  • CALL AN ATTORNEY and ask. That is your best bet, the ONLY way to get accurate information.

    Answer by tyfry7496 at 8:42 PM on Dec. 14, 2009