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    Default Active Phone Stolen from Grandchild by Step-Mother Over a Year Ago - Will Not Return

    My question involves criminal law for the state of: South Carolina
    I don't consider this family law for these reasons.

    My grandson age 6 was having a diffcult time adjusting to his new stepmom. He says he is afraid of her. There is nothing we can do about the things she tells him in private because it is he said/she said and his Dad believes his wife....then my grandson gets punished for telling me the next time they are alone together.

    He has been diagnosed with sensory integration disorder with anxiety. He wrote me a note asking me if I would buy him a 'sel fone' so he could call his family when he was afraid.

    I bought him a cell phone and included only 10 numbers he could call and that could call him. 5 from his mother's side and 5 from his dad's side....which is mostly his mom, dad, grandparents, and great grandparents. I also had chaperone added to our phones so we could locate his phone if he misplaced it somewhere...and heaven forbid...he get lost or separated (or run away)...we could at least locate the phone.

    There was security on the phone so he couldn't accidentally download anything nor could he text or received emails. We made the phone as child safe as possible. The first person he called was his Dad. He made 47 phone calls the first day to the delight of all the grandparents.

    I purchased it with his mother's permission (she has physical/primary custody of the child) on March 31, 2010. He asked me if I thought his Dad would take the phone away from him if he took it to his house. I told him I couldn't think of any reason his Dad would take it away because he could call him Dad anything he wanted to and his Dad could call him anytime he wanted to on that phone. So he took the phone with him on April 2nd to spend the weekend with his Dad and stepmother. The stepmother took the phone away from him to 'look at it'....saw that her name was not one of the ten names and somehow hacked into the phone and listed her phone number in the list of people he can call. She told my grandson she was putting the phone in her purse for safe keeping. It has been over a year, and she will not return the phone to me. She said it is her evidence that I am trying to block her from contacting her stepson anything she wants to and that I violate her primacy by having child chaperone on the phone. She stole an active cell phone from my grandson. I reported the phone stolen to the police and to the cell phone company. They deactivated the phone and I had to buy another phone for my grandson to try to make up for the devastation he felt. He said he won't take anything "ever again to his Dad's because they steal his things." He won't even take his blue doggy that was his stuffed animal he carries when he is distressed.

    I filed a claim and delivery at Magistrate's office and his Dad and Wife both now agree they will not return the phone to me. They are using it as evidence?????

    This is theft of my phone and their refusal after a year of patiently waiting for them to return it. I tried to be fair to his Dad by even putting his phone number as an approved caller. Other relatives would love to be part of the calling list, but I only wanted the numbers he felt secure calling and those he felt secure with calling him.

    Is this not a crimanal offense? There is a bench triail next week. I am the owner of the phone and the family plan this phone is/was part of. Can they turn this into a family court situation? Had they not wanted him to have the phone at their house, they could have returned it to his Mom telling her he was not allowed to have a phone at their house....not steal it from the child.

    Advice please on what to expect at the bench trial and please tell me how to keep it about the theft of my phone and their not returning it to me....without getting into her paranoia.

    I forgot to tell you that I purchased the phone on March 31, 2010 and his stepmother took it away from him on April 3, 2010.
    without any consideration of his feelings. He was just 6 years old and the phone was to provide him security knowing he could call his daddy or his mommy if he was ever afraid.

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