Legal Question in Family Law in Ohio
Sons Property
My X wife and I devorced in 2001.We have shared parenting she had custody. In2005 he came to live with me I now have custody. His mom has very little to do with himhe has only been to his moms house one time in the last two years. She will not give him his property. Does he have legal rights to his property?He is 13 years old.
1 Answer from Attorneys
Re: Sons Property
It depends. What type of property are we talking about? If it is something that you have purchased for him then, yes, he absolutely has a right to his things. If these are items that his mom purchased, that may make things more difficult. The thought process is that the parents have control over the items and, hence, ownership. If it can be proved that these items were purchased specifically for your son, he'd be entitled to them. It would require the intervention of the Court to determine whose property rights are being affected.
Most child care questions don't have a black or white answer, they're done on a case by case basis and the Judge would have to consider all the factors to determine the appropriate remedy.