Reporting a Phone Stolen During an Active Custody Case
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 30, 2026
Legal Inquiry
Consumer Legal Issue
Ive been struggling to get a phone back from my childs father that is in my name theough a contact through verizon he said he lost ir in may and is now using it through a different company I called my phone company since its in my name and they advised that I report it stolen. Will this look bad on me with the judge in our child custody case we are going through?
Attorney Answer
Reporting a phone that is legally in your name is unlikely, by itself, to hurt you in the custody case.
Illinois custody decisions are governed by statutory best-interest-of-the-child factors, which courts use to allocate parenting time and decision-making responsibility — not by unrelated property disputes like who owns a phone. If it comes up, you can calmly explain to the judge that the phone is in your name and that you contacted your carrier for guidance.
That said, two things deserve caution. First, because your custody case is still open, filing a police report against your child's other parent could be perceived as escalating conflict or as leverage in the custody dispute if it isn't handled carefully — stick to the facts and avoid presenting the report as a custody strategy. Second, what you've described doesn't establish whether your ex has any claim of right to the phone — for example, believing it was given to him or thinking it was lost rather than taken. Calling it "stolen" when it may really be a civil dispute over the device could create its own risk, so that distinction should be addressed honestly rather than assumed away.
What you can do:
1. Confirm the actual circumstances of how the phone ended up with your ex before deciding how to characterize the situation.
2. If you proceed with a report, keep it strictly factual.
3. Be ready to explain the situation calmly and briefly to the judge if it comes up.
4. Talk to a local family law attorney familiar with your open case before taking further steps.
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Frequently Asked Questions
Can reporting a phone as stolen hurt someone in a child custody case?
Generally an unrelated property dispute like reporting a phone in one's own name isn't a factor in custody decisions, which are typically based on statutory best-interest-of-the-child factors.
Could a police report against a co-parent be seen as an attempt to gain leverage in a custody dispute?
It's possible, filing a report against a co-parent during an open custody case can be perceived as escalating conflict if it isn't handled factually, so it's generally best to stick strictly to the facts.
What's the difference between a stolen item and a civil dispute over who has a right to use it?
If the other person believed they had permission or thought the item was abandoned or lost, that may be a civil ownership dispute rather than a theft, and this distinction is worth addressing honestly before characterizing something as "stolen."
