Legal Question in Family Law in North Carolina
My 15 year old daughter lives in another state with her mother and step-father. I recently found out she never received the birthday card or Christmas card I sent her, both of which included a cash gift. I also just learned my mother-in-law also sent a Christmas card with a cash gift that was not received. This far exceeds the reasonable probability of "lost in the mail" situation. In the context of my relationship with my ex it is very plausible that the cards were intercepted to make my daughter believe she has been abandoned by my side of the family. In addition their financial situation is such that a few hundred dollars is tempting enough to use for other purposes. Beyond the violation of normal family court orders, what, if any, laws are being broken with regard to mail tampering?
1 Answer from Attorneys
Sending cash in the mail was for lack of a better word - stupid. Sadly, you are most likely right, some complete jerk opened your daughters mail, pocketed the cash and tossed the cards. This would be criminal violations of state and federal law. From a legal standpoint, here's what you are most likely going to be able to do about it - nothing! The reason you aren't going to be able to legally do anything about it is because you have no proof who did it. Unless you can get someone to admit they did it either on tape, in writing or some other media admissible in court - you are probably going to have an extremely difficult time getting law enforcement or postal authorities to be able to help you. However, what you can do is let your daughter know that you and other family members who love her sent her cards and money and that some slimy piece of crap that most likely lives with her stole it from her. Your 15 year old daughter can probably do more damage to the thief than the court could anyway. In the future, send a check or gift cards with a pin # that you can separately and directly communicate to your daughter.