Maybe. Do we know whose name is on the account? Wanna bet it's Mom?
Want to bet the police figured that out before they made the arrest?
If you are making the argument that mom owns the account, then you are likely correct.
Was the account stolen?
Want to bet the police figured that out before they made the arrest?
Don't know that they cared who owned the account. The physical property was what was alleged to have been stolen. Whether the mom continued paying the bill on the account is not really relevant to the father taking physical possession of the phone.