QUESTION

Can I legally withhold my child’s cellphone in my home (consequence for grades) if the other parent pays the bill?

Asked on Nov 13th, 2014 on Child Custody - Oregon
More details to this question:
My ex-husband bought my son a cell phone and he pays the bill. I have sole custody, and my ex-husband lives in another state. My son's grades have been tanking, so I want to take his cellphone as a consequence for not turning in assignments, etc. My son tells me I can't take his phone that his dad gave it to him and it is his property. However, the phone is a HUGE distraction from homework, and he uses it in class as well.
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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Your best answer to this question is to allow your son the use of his cell phone at specific times so that he can speak with his Dad AND get Dad on board with the idea of limiting son's cell phone use as a consequence for bad grades and violating the school's rules re cell phone use on campus. While Dad bought the phone and pays the bill, he should be receptive to limiting the use of the phone when that is appropriate because that means the bill should be smaller. Even though you have sole custody, it is in the best interest of the child for both parents to be supportive of consequences for inappropriate behavior as well as applauding good behavior (like good grades). You are both still parents and your son needs to know that he cannot play one parent off against the other.
Answered on Nov 14th, 2014 at 12:19 PM

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