Legal Question in Criminal Law in Georgia

Theft by taking - paremt and children

My ex-wife (5 years divorced) became angry with me, told my two children (age 12 and 14 she had custody) that they were never going to see me again and had to get all their things out of my house. So while I was at work without my knowledge or consent all three of them entered my house using my son's key and removed their clothes and other items ($2k in value). She contends that she told them to take only what waas ''theirs'' and my son told her that the new computer I had (which was the only computer set up in the house and we all use it)was 'his' - a gift from me. Not true, the computer was for all 3 of us. So the 3 of them loaded the stuff into her car and took them to her house. Now my 14 has elected to live with me and has moved in (custody still pending)and she has refused my son's and my request to return the items (including his undeerwear). This happened 6 weeks ago I have her admission to the above described activity in writing (e-mail). The family court seems to be uninterested. Can I file criminal charges that would stick? What is the legal risk to me? To my children? This would be a first offense for her so what would her likely punishment be if any? Would I get my stuff back?


Asked on 4/18/05, 9:06 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Theft by taking - paremt and children

You may request a warrant for her arrest, which will undoubtedly complicate the custody proceeding. Whether the charge will stick depends on the evidence. You could also file a claim in small claims court for the stolen property. However, you may want to consider how this will affect your children.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 4/18/05, 9:17 am


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