Does a parent automatically own everything given to his/her young children?

Question

I'm a single mom with 2 children, ages 4 & 5. We've all been living with my mom while I grew my online business. Now I want to move out, but she's upset about us moving away. (I want in-home therapy for my autistic son, but she doesn't want therapists in her house all day, which is understandable, but I can't just put it off!) So now she's telling me that we can't take anything she's bought for the kids with us when we go, like their beds, toys, & clothes. These items were not bought for general household or guest usage, they were bought as presents for my kids alone. It's not like I'm trying to take an antique table! I just want the items my kids are used to having as part of their routines.

The "funny" thing is that when I was a child, she flat out told me that everything given to ME, actually belonged to HER, since I was only a minor. Far cry from what she's claiming now.

So can I legally take my children's things with us when we move? I can't afford to replace them

Answer 1

She sounds childish. If she indeed purchased and then GAVE these things to the children, then they are the children's. Why would she deny a child the medical attention they need? Selfishness.
My recommendation, take the kids and go. Leave her with all of this useless stuff. Tell granny that you'll just have to explain to the kids why granny is acting like a two year old. Should the children ask, explain to them that granny likes to give things to people only as long as she gets her way. Tell them that sometimes people think they can make people do the things they want by giving them things and then taking them away again when they get mad. And then give an example using children who say that so and so can "have" something, then get mad and demand to take it back. Then explain that this is what granny is doing. Imagine what Christmas would be like if Santa got mad and took back all that he brought after you've been allowed to play with them for a while.

Answer 2

While a minor, (an individual under the age of 18)You are 100 % protected by the proprietary protection laws of the United States. Parental jurisdiction is limited in many ways, one of the many ways it is limited is in property laws. I'll explain why here.

1. As long as the minor has obtained the item that complies with all laws included, but not limited to: federal, state, and local laws. Then you are protected.

2. As long as you the minor have a job that holds legal status under the various employment laws meaning taxation and the such. Then you are protected.

3. No property law of the United States is based on an age restriction. Accept guns, weapons, or drugs. And operating a vehicle. Among others.

4. If a parent gives a child (a person under 18). Money, or any other item, then by the property laws of this nation it's considered a gift. Which means it cannot be forcibly taken back by the donor. Otherwise it's theft.

5. While a minor is under the jurisdiction of a legal guardian or parent. It does not give the person of authority the right to break the law. It says in the Constitution of the United States. " no person shall be deprived of life, liberty, or property without due process of law" that's the reason the police need a signed search warrant in order to search and or seize private property.

6. It is true that a minor is under the control of a legal guardian. But control does not grant extra rights. It is considered theft for a person of authority to seize your lawfully obtained funds,
(Paycheck) and or other legal gains of funds. Even if you are a minor.

7. A minor does not have to pay rent or any other form of payment in order for the laws of the United States or any other country to be in full effect. A minor only needs to lawfully obtain a piece of property.: phone, bike, car, etc. and use those items in accordance with all laws that govern you. To be protected by the various laws.

8. While a parental figure can deny the minor the right to use the guardians electricity. It does not grant the legal guardian the right to seize legally obtained property.

9. The only way a parent could lawfully seize property would be if the minor obtained the property illegally. And or if the minor is committing or has committed an action which is deemed illegal by the laws that govern you as a legal citizen.
Source(s):
The United States constitution, the attorney general of the United States, the attorney general of the state of Pennsylvania.

Answer 3

This is one big gray area. Now, had you been living on your own, and they gave your children the toys, clearly, the toys would be yours. Since you live in their home, it could go either way, depending on the arguments made.

But, to answer the specific question, yes, anything given to you kids truly belongs to you. Children cannot own property, sign contracts, etc.

The same is true for teenagers with a P/T job. Technically, any money they make can be taken by the parents. Now, most understanding parents would never do that, but they legally could.

Answer 4

Legally, a gift is a gift. If she gave it to the children as a "just because", for Christmas, or for a birthday, it belongs to them. The items don't belong to them only it reasonable indication was given that it was items for them to use at her house, versus items for them to keep. You could take legal action, though I would hope this could be resolved peacefully in a family. But you know your situation better than I...

Answer 5

It's absolutely ridiculous and selfish for a grandmother to take back gifts she gave to her grandchildren, and I don't think your gonna find a whole lot of people who will agree with your mother. Call someone and ask, like if you think she will get all legal about it, talk to a lawyer, they do consultations for free, sometimes. I wish you luck, and hope you get what you need for your son. Moms can be difficult when they just can't let go, she might just change her mind if she can ever find the good it will do for you and your children.

Answer 6

She sounds like a very controlling person.

Get out while you can, if you can't take the things with you, so be it. They will be no use to her and the kids will out grow the clothes in a short time. Save up some money for beds and stuff and then move out.

Do you want your kids to learn how to be controlling like your Mom?

TMD

Answer 7

No, but it does not matter whether they belong to the kids or you. If you move with the kids, and the things belong to you ro the kids, they go with the three of you. The problem is proving that they were given to the kids. If she gave them to the kids, they go with the three of you, but if she bought them for the kids to use in her house but did not give them to the kids, then they stay.

Answer 8

If the items were gifts, they belong to the children, and as the children's guardian, you have the right to determine how they are used or disposed of.

Answer 9

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