Cell phone gone

[NATLEWIS2126]

What is the name of your state (only U.S. law)? Georgia

A few months ago my husband had court in order to establish visitation with his 3 kids that live in California. In the ruling, the Judge said that the mother that has custody is to allow communication between my husband and the kids. The oldest is 13 year old and rarely answers the phone that my husband purchased. The 9 year old asked for his own phone, being he doesn't have access to his brothers phone when he wants.

So I purchased a phone and added it to my Sprint account. My husband mailed the phone and addressed it to the 9 year old. This was on October 18, 2010. A week went by and there was no response about the phone arriving, so my husband called the 13 year old to find out if it had arrived. After 3 days of calling, the mother finally admitted that the phone had arrived 5 days prior. And she decided she didn't want the 9 year old to have a phone and would be mailing it back to us.

She still has not given the phone to the child nor has she mailed it back.
Meanwhile, I am paying the bill every month.

Do I contact the police, because I feel she has stolen the phone? It wasn't addressed to her.
Can I sue her for the cost of phone and bill I've paid for last 2 months?
She is violating court order, but I know that is something my husband has to handle. But since I bought the phone, it's on my account and I pay the bill; I think I should be reimbursed.What is the name of your state (only U.S. law)?

 

[DuckyH]

Meanwhile, I am paying the bill every month.

If there's no chance the kid will be able to use the phone why don't you cancel the service? Or did you sign up for a yearly contract and will have an early termination fee?

Do I contact the police, because I feel she has stolen the phone? It wasn't addressed to her.
Can I sue her for the cost of phone and bill I've paid for last 2 months?

In my opinion she didn't "steal" the phone in the criminal sense because the child is a minor and mom accepted the shipment on child's behalf. If mom is preventing the child from communicating with dad that may be violating a court order which is separate from the cell phone issue.

Has the phone been used at all? You should be able to see on your bill. If someone else is using it for unintended purposes you can call your cell company and report it stolen so it becomes a paperweight to whoever mis-appropriated it.

Dad may need to go back to court and explain to the judge that the communication order is being violated, and ask that mom be ordered to give the phone to the child or return it to you.

She is violating court order, but I know that is something my husband has to handle.

Exactly... dad needs to let the judge know. Suing for the cost of the phone and a couple of months service? In another state? Too much effort in my opinion and even if you prevail in court then you will just have a piece of paper that you will have to try and collect on... again from another state. I don't know, you may have to file such a case in mom's state not yours. The easiest course seems to be asking the court handling dad's communication order try and do something, since it seems to me that court already has jurisdiction over mom and the kids although they are in another state.

good luck

 

[stealth2]

Dad may need to go back to court and explain to the judge that the communication order is being violated

The order does not state that Mom must allow a 9yo to have a cell phone. Why can't Dad call the house phone?

 

[NATLEWIS2126]

If there's no chance the kid will be able to use the phone why don't you cancel the service? Or did you sign up for a yearly contract and will have an early termination fee?

Yes, it is under contract and will cost me an additional $200 to cancel.

In my opinion she didn't "steal" the phone in the criminal sense because the child is a minor and mom accepted the shipment on child's behalf.

If mom is preventing the child from communicating with dad that may be violating a court order which is separate from the cell phone issue.

Has the phone been used at all? You should be able to see on your bill. If someone else is using it for unintended purposes you can call your cell company and report it stolen so it becomes a paperweight to whoever mis-appropriated it.

No. Not a single call or text.

Dad may need to go back to court and explain to the judge that the communication order is being violated, and ask that mom be ordered to give the phone to the child or return it to you.


Exactly... dad needs to let the judge know. Suing for the cost of the phone and a couple of months service? In another state? Too much effort in my opinion and even if you prevail in court then you will just have a piece of paper that you will have to try and collect on... again from another state. I don't know, you may have to file such a case in mom's state not yours. The easiest course seems to be asking the court handling dad's communication order try and do something, since it seems to me that court already has jurisdiction over mom and the kids although they are in another state.

good luck

Thank you! I pretty much figured most of that, but was hoping there would be an easier route other than finding an out of state attorney to handle things. Your opinion was very helpful.

 

[NATLEWIS2126]

The order does not state that Mom must allow a 9yo to have a cell phone. Why can't Dad call the house phone?

There is no home phone and mother has bogus restraining order, so contact can only be directly to children. Judge stated in custody hearing that mother must allow communication.
Looks like court here we come!