The Skeen Firm

View Original

Shared Custody and Cell Phones

In 1789, Benjamin Franklin wrote, “In this world nothing can be said to be certain, except death and taxes.”  If he were to address the certainties of today’s world, then he would undoubtedly add technology to the list.  Technology is everywhere.  Cell phones, smart watches, GPS collars for our dogs, apps that allow you to remote start your vehicle from another state… the list goes on and on.

 

As technology is ever changing and advancing, so is the population who uses it.  In the 1990s, it was uncommon for a teenager to have a cell phone unless they were driving.  If a teen was lucky enough to have a phone, then it’s likely their usage of it was limited to a certain number of hours per billing period.  Fast forward a mere three decades, and you’ll rarely see a child without their own phone.

 

In a recent study from Stanford Medicine, a group of 250 children were followed for five years, during which most of them acquired cell phones.  About 25% of those children received phones by age 10.7, and 75% by age 12.6.  By the time the children reached 15 years of age, nearly all of them had cell phones.  The good news was that “technology ownership was not found to be linked in either positive or negative ways to children’s well-being.”[1]

 

Cell phones may be a point of contention between parents who share custody of their children.  Which parent is going to buy the phone?  Will the cost be split evenly?  Prorated on the same portion as custodial time?  Which parent is responsible for monitoring the child’s activity on the cell phone? 

 

Unfortunately, there are no clear cut, hardline answers to these questions.  It’s important to remember these three things: 1) your children having a cell phone may benefit you as much as it does them; 2) there is a wealth of information available on how to keep your children safe; and 3) keeping your children’s best interests as your main priority will be crucial as you navigate their use of this technology.

 

Mutually Beneficial:  If you have issues communicating with the other parent, then you may dread having to call their phone to speak to your child during their custody time.  However, if your child has their own phone, then you can call or text them directly.  For instance, if your child plays sports, they can keep you up-to-date if practice ends early or runs late.  Also, with location apps such as Life360 or Apple’s “Find My,” you can manage alerts for emergency situations, such as when the device has been involved in an accident.  Screen time and/or phone privileges can also be used as a consequence – either positive or negative.

 

Parental Controls:  Can cell phones be dangerous?  Absolutely!  That’s why it’s imperative that parents utilize the parental controls on the devices and consider installing apps to help monitor their children’s activity, especially on social media.

 

Children’s Best Interests: Obviously, it’s in your child’s best interest if you and their other parent can work together and be on the same page regarding electronic devices.  This may be easier said than done.  A child’s phone is often their key to their social life, so try to compromise when needed.  Striking the balance between keeping your children safe and teaching them to use their devices responsibly is key.

 

 

*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.


[1] https://med.stanford.edu/news/all-news/2022/11/children-mobile-phone-age.html#:~:text=About%2025%25%20of%20children%20received,phones%20by%20age%2015%20years.