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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I went through a horrible divorce with a custody fight. My

Customer Question

I went through a horrible divorce with a nasty custody fight. My ex-spouse was substantiated for child abuse by parental alienation, however neither the court nor CPS could get through to him to stop it. My question: He recently bought the boys iphones (they are 9 and 10 years old) and put them on his phone plan. Initially I was miffed due to his unilateral move, however came to like it very much. The boys can talk or text with him when they are with me, and vice versa. I remind them of activities by texting, or let them know that I am leaving work to get them etc. Over New Year my ex-husband threw a tantrum (one of many) and blocked me from the phone of my younger son, and I couldn't get in touch with him for three days. My little guy was perturbed by that. My ex-husband says he pays for the phones so he can do whatever he wants, but, in analogy, I pay for their clothes and shoes, and do not not allow them to wear them in his house. Do you have any bullet points for me when I am writing him an email to unblock me? Is my legal view correct, or is he really allowed to block me? No chat please. Thank you for sharing your opinion.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

So what does the court order say about communication when not in your care?

Are you entitled to communicate with the children when they are with him? If so, are there specified days and times?

Customer: replied 1 year ago.
it doesn't say
Customer: replied 1 year ago.
At this time, we don't follow our 50/50 agreement, and they are with me most of the time. The can talk to him or text him whenever they want when they are with me.
Customer: replied 1 year ago.
I got to run. I am looking forward to reading your reply tonight when I am home. Thank you.
Expert:  Samuel II replied 1 year ago.

Thank you.

If he bought the phones and he is paying for them, then he has the legal right to control the use of them. It is possible the plan he has does not afford Unlimited Text messages and maybe the texting back and forth are over his spending limits. However, that is neither here nor there. The point is if he is paying for the phones, he can regulate them. It is unfortunate that he is punishing the child because of your actions and especially if he did not lay down the ground rules.

Perhaps since you seem to have a lax type of relationship with the custody you could talk to him and suggest that you will only call or text at certain times. But that it is not fair to the child to block you.