Legal Question in Real Estate Law in California
My daughters mother gave her a gift (an X-Box 360) and my daughter has since brought it over to my house to play with. Her mother doesn't like that it's over here and says she wants her to bring it back to her house (also all the CLOTHES that she's bought my daughter.) My daughter's 15 and doesn't want to bring it back to her mom's. What's the legal view on this ?? Is it my daughters decision as to what SHE wants to do with it ??
2 Answers from Attorneys
If it's really a gift, then it belongs to your daughter. At least you let her keep the stuff. Anything I buy for my kids gets sold in secondhand stores or on eBay.
Legally it may belong the daughter, but her parents have legal control over everything she owns until she turns 18. If the parents can't agree on the management of her property and they have joint legal custody, they have to go into court for a modification of the custody order to specify who has control over any particular property of the daughter. Is that really the only way you and your ex can work this out?
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