Legal Question in Family Law in Florida
I purchased my children cell phones for Christmas. Their father had no problem with them bringing their cell phones to his house. They have been bringing their phones to his house since Christmas. His wife and I do not get along and have agreed not to communicate with each other unless absolutely necessary. His wife was texting my daughter to schedule an extra-curricular activity which was relayed from his wife, to my daughter, to me. I replied to his wife and told her to please not use my daughter as a go between and that our parenting plan states that any scheduling arrangements and extra-curricular activities will be made between the parents, with no mention of a stepparent. My children's father got mad at me and has retaliated by saying that our children may not bring their cell phones to his house. I can still reach my children at their father's house through his cell phone, but he works many hours, and his wife has a cell phone, but as we don't get along, I would prefer not to have to call her phone to speak with my children. I have told him that he can obviously limit their cell phone usage at his house as he sees fit but to please let then bring their cells phones so I can keep in contact with them more easily (abiding by the child contact clause in our parenting plan of 1 phone call a day for up to 30 minutes). Can my children's father prevent our children from bringing their cell phones to his house? Our parenting plan says to submit disputes to mediation; would this issue be something I should submit to mediation? Thank you.
2 Answers from Attorneys
Certainly. Review your child parenting plan. It may very well state that communication can be by cell phone, computer and/or any other electronic devices. I understand your frustration and you are correct that a step parent should not be using your child as a go between to make plans. This falls to the other parent. I suggest you file for a modification of visitation and specifically state the arrangements for these children. If the bio parent can not watch the children "because he works" then the visitation should fall to you and he could have make up time when "he" is available. The purpose of the visitation is so that the children do not feel that they are the reason for the divorce. Each parent should devote their time and resources in rearing the children. If he continues to be unavailable, what purpose does that serve. As these child get older (and you did not mention their ages), they will want to spend less time with either parent and more time with friends and other activities. This should be a factor in changing visitation schedules to allow for the children to have some say in their current environment.
no need to go back to court over a cellphone dispute.
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