Can parents legally go through their child’s phone? What if the child bought it with their own money? Wait—can children even own a phone in the first place? And what happens to the phone when parents get divorced? Who gets to say what the rules are? When it comes to teenagers and phones our laws are still catching up, and with most things, the laws vary quite a bit from situation to situation and from state to state.
Can vs Should
This blog focuses solely on whether or not a parent can legally go through their child’s phone without the child’s consent. Whether a parent should do this is an entirely different matter and is up to each parent to decide. Legally speaking, parents generally have the right to look through their child’s phone, take their child’s phone (as a form of grounding), and refuse to pay for the phone altogether. Parents have an obligation to provide their children with everything they need in order to grow into healthy, emotionally mature adults. So far, parents do not have an obligation to provide their children with their own cellphone, nor do they have an obligation to give their child unrestrained access to the phone.
Right to Privacy
In most cases, you can’t go through someone else’s phone without their consent—and this is true even when it comes to your spouse’s phone. However, minor children don’t generally have a right to privacy from their parents. If your child is legally an adult, however, this may complicate the matter. For children under the age of majority, parents usually have the right to go through their items, including electronic accounts and devices. In cases where the parents are divorced, it may be ideal for both parents to pay for the child’s phone and retain joint control over the account/phone. Parents who are divorced will need to come to an agreement on the rules regarding the child’s phone, especially if it’s going to go between homes.
Do Children Own Anything?
Legally speaking, whether or not a child can actually own anything is a tricky subject. It’s going to depend on what the item is, how the child got the item, and where you’re located. When it comes to phones, children can generally purchase a phone, but they cannot usually enter into a legally binding contract—such as a phone plan—until they’re a legal adult. So, if the child purchases the phone with money they received as a gift, or earned at their job, can parents still go through the phone? Generally speaking, a parent can still take the phone away from the child and search through the phone. While the phone may belong to the child, the parent is able to exercise control over the device if the parent believes it is in the child’s best interest. Here’s another example: let’s say a two-year-old inherits a revolver from her great-grandfather. It would be irresponsible for the parents to allow the child to have access to a gun. So, they’d hold on to it until the child is mature enough to have control over the possession. If that means that the child does not get control over the possession until they’re an adult, then that’s generally up to the parents. It’s usually presumed that the parents are acting in the best interests of their child when they’re exercising their authority. So, if a parent finds out their child’s grades are slipping, they can take their child’s phone away, even if the child purchased the phone with money they earned at work. However, parents would not be able to sell or destroy the phone, as it is technically the child’s phone.
Co-Parenting Successfully
Most of these issues come up when parents do not agree on who’s paying for what, what the rules are, and how much access each parent will have to the child’s devices. Parents should also be on the same page about what’s permitted and what is not permitted. When it comes to revoking phone privileges, or going through phones, parents also need to be on the same page. If you allow your child to take the phone to their other parent’s house, you should be prepared for the other parent to have the ability to take the phone away or search it.
When You Need Legal Advice
If you’re currently navigating legal issues with custody, divorce or other matters, and you’re in need of legal advice, CoilLaw is here for you. Contact us today to set up an initial consultation.
