Are you DIVORCED and having visitation nightmares? Should your CHILDREN have a CELL PHONE they can use during visitation

A problem that frequently arises in divorce is whether your children should have a cell phone and to use it during visitation. Obviously if the child is very young and immature the answer is probably not. It gets expensive replacing lost and broken phones. However if the child is old enough to be responsible for the phone, then they should be permitted to have one to use if you wish to pay for it.

This issue arises most frequently when children go off with the former spouse for visitation and then do not call the other parent for days on end. Children should be encouraged to keep in touch with both parents and the contact should not be limited so long as it is reasonable. For younger children (less than 12), every night should be the norm and the call duration should reasonable but no longer than 10-20 minutes. Older children can skip a night here and there, but they should be encouraged to share their day with the other parent. The problem arises when the parent enjoying visitation does not permit the child to use the phone or makes it difficult for the child to speak on the phone. This happens frequently when children are on the road traveling with the other parent and there is a refusal to permit the use of the other parent’s cell phone or the motel phone.

When there are contact issues, a parent may consider giving their child a cell phone and encouraging its use during visitation. There is nothing wrong with this so long as the cell phone use is not excessive. You should advise your former spouse in advance that you have acquired a cell phone for the child and that they will use it during visitation. If your former spouse objects and refuses to permit the child to use the cell phone, then the former spouse MUST allow and encourage the child to contact you using the other spouses house line or cell phone. If they do NOT, then your recourse is to file a motion with the court to compel compliance with the visitation agreement which normally requires reasonable contact. It is rare for a judge to disallow a cell phone if there have been contact problems.

If you find yourself in such a position it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.

If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.

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