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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4823
Experience:  Experienced in both state and federal court.
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can a parent confiscate a childs stuff, like a I-pad, if they

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can a parent confiscate a child's stuff, like a I-pad, if they don't do their homework

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

I'm assuming this is a minor child, correct>

TexLawyer :

?

Customer:

yes. I won't let him have his stuff: skateboard, I-pod, etc., because he refused to do his homework and chores.

TexLawyer :

Are you asking if you can legally prevent him from using those things?

TexLawyer :

I just want to be sure I completely understand the nature of your question.

Customer:

My son is thirteen and has a history of behavior problems. With the help of a lot of counseling and research, I follow a behavioral plan with him at home. If he completes his chores and homework, he gets to use his I-pod, skateboard, etc. He refused to do them and has run over to his mother's house --we're divorced and will be sharing custody of him-- and is now demanding his things. His mother says I have to give them to him. As a matter of fact, a local police officer says they're his things.

TexLawyer :

Who bought the things for him?

Customer:

In some cases, I did, in others grandparents, but with the understanding that I controlled them of course.

TexLawyer :

OK, but it was not your ex wife, correct?

Customer:

No, it was not my ex-wife.

TexLawyer :

In that case, you don't have to give him those things back. As a minor, he essentially has no legal property rights. His things are not really "his things," they are his parents' things that they let him use.

TexLawyer :

You are under no legal obligation to give him his iPad, skateboard, etc.

TexLawyer :

In fact, it sounds like you are just being a good parent.

Customer:

I live in California. where could I find that information in a form that I could show any interested parties?

TexLawyer :

There isn't a statute on point, it is just what's known as "common law."

TexLawyer :

"Common law" is generally understood legal princliples, that aren't necessarily made into statutes.

Customer:

could you indicate a source that I could use to support my position if i'm challenged again, as I know I will be?

TexLawyer :

I don't think there is a specific source or document I could refer you to. Like I said, it is "common law" or legal principles commonly understood to be the law.

Customer:

okay thank you..

TexLawyer :

Glad to help.

TexLawyer :

Can I do anything else for you?

Customer:

no , that was my question, thank you

TexLawyer :

Glad to help.

TexLawyer :

If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Chris T., JD and 7 other Legal Specialists are ready to help you
Thanks for the positive rating. If you have any questions in the future, you can direct them to me here: http://www.justanswer.com/law/expert-texlawyer/
Hi, Robert. I just wanted to follow up with you and see how things went with your son and "his" property. If you have any questions in the future, don't hesitate to ask.