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Can My Ex Take Our Son’s Phone Away?

Location: Denver CO

I have sole physical custody and sole legal responsibility of my son. He has visitation with his dad every other weekend. After an incident of physical abuse by dad, emergency custody was granted but then lifted after a difficult hearing where dad had a lawyer and I didn’t. I then bought our 10 year old son a phone because dad was not allowing contact during his parenting time.

Dad decided on the 2nd weekend of our son having a phone that our son texting me “interferes with his parenting time” and has taken his phone away without notifying me.

Our parenting plan states: Each parent my have reasonable telephone, email, text, Skype, FaceTime or similar contact with the child for a reasonable duration during his/her normal waking hours without interference or monitoring by the other party. Neither parent shall take (or cause a third party to take) the child’s cell phone from him/her (discipline excepted) or cause the child to turn his/her phone off, thus interfering with the parent not exercising parenting time from contacting the child. In the event the child’s phone is taken away from him/her by a parent, the disciplining parent shall notify the other parent at the time the phone is taken and provide them with an alternative manner to contact the child.”

submitted by /u/Imaginary-Heart-8559
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Can My Ex Take Our Son’s Phone Away?

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