In today’s world, many children own or have access to their own cell phones. Despite wide usage by minor children, co-parents often disagree about how to monitor and regulate their kids’ cell phone usage. For example, one parent may purchase a cell phone for his/her minor child and allow unfettered access during that parent’s parenting time while the other parent may be weary of the dangers lurking on the internet. One common situation involves a parent wanting to remain in contact with his/her child while under the care of the other parent, who may or may not allow the child to have the cell phone while under his/her care. Unfortunately, this type of co-parenting issue may worsen if the parties have not agreed to age-appropriate cell phone rules in their parenting plan. As a result, it is advisable to plan for the eventuality that a child will likely come into possession of a cell phone prior to reaching adulthood by legislating rules for cell phones in a parenting plan.

Reaching an agreement on a child’s cell phone usage generally will require one of the parents raising it as an issue to be discussed during negotiation or mediation. If neither parent raises it, then it is unlikely to be raised by a mediator because of other issues in the case that must be resolved.   

Generally, it is in the child’s best interest to have regular communication with both parents, and both parents should have access to communicate with their children daily. As such, one potential benefit of providing a child with a cell phone is that it can reassure the child that he or she can reach out to either parent at any time. A cell phone can also be used to combat parental alienation by allowing the child to remain in contact with both parents.

However, a cell phone provision in a parenting plan should specifically designate certain perimeters for its use. For example, reasonable hours, duration, and intervals for use are helpful in limiting screen time and avoiding disruption of family activities. Consideration should also be given to the child’s age and level of maturity. Along those lines, co-parents may decide that providing a child with a cell phone without internet access is the most age-appropriate solution in some cases.

Other issues to consider before allowing a child to have access to a cell phone include how to divide the costs associated with purchasing a phone, its monthly costs, and control over the account to which the child’s cell phone is assigned. Also, many parents discipline their children by restricting access to screens, which can cause issues for co-parents when the non-disciplining parent opposes restricting the child’s access to a phone.



In sum, it is important to remember that there is not a “one size fits all approach” to a parenting plan. Likewise, the circumstances involved with providing a child with a cell phone will vary case by case. Given the complexity of the issue, a parent should consult with an attorney to determine what makes the most sense for his or her specific situation. Here at Ross Law, we have negotiated countless parenting plans that include cell phone provisions that are narrowly tailored to our clients’ specific needs.