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Is the Issue Bigger Than the Property?
Custodial Control of Property
All children under the age of 18 have the same rights with regard to owning property. They cannot enter into a contract with no parent co-signing, unless they are emancipated minors. But assuming that there came a minor without having entered into a contract, as is the case with most purchases and gifts, parents have no ownership rights over the property of children. Parent’s do, however, have legal responsibility for their children’s activities, both criminally and civilly, under the philosophy of parental liability.
Merging these two concepts of minor ownership and liability can be a real problem, in an age when parents feel like they have run from resources that are disciplinary. As an example, if you don’t like the way that your child is behaving at home, can you take their toy away? It’s never under a idea of ownership, but rather, custodial rights, although the answer is, it depends. But more frequently the question is, are you seeing the bigger picture?
Parents, as guardians, may be allowed to take temporary control of their children’s property, and maintain it in care for them until a time, then return it. The house is still owned by the kid, though they may not be in possession.
If a parent would like to establish ownership of an item, it begs the question,’why’? You can make certain that this large question will be asked by the other parent When the parents are separated.
Based on complaints by the daughter, the mother filed a property report with police. The father wouldn’t surrender the iPhone to authorities, based parenting choices. He had been charged with a Class C misdemeanor, which was upgraded to a Class B misdemeanor theft, and he was arrested. This offense carries a penalty of a $2,000 fine and up to six months . After hiring an attorney and getting bailed out of jail, he went to trial, and rejected a plea deal. He was testified against by his own daughter. In the end, the dad was acquitted due to lack of evidence. But his daughter never talked to him and sought a change in her physical and legal status. The battle was won by the father, but lost the war.
If a parent needs to ask whether or not their child’s property is owned by them, there is probably a larger issue at stake, including agreements and accountability. Take the issues involved, in addition to the opportunity to speak with a family lawyer about the property issue, to seek the best possible outcome for your children and you.
The parent could be held responsible for those acts under liability statutes if a child is violating any criminal or civil laws using the house. The length for which this possession can be in effect is left up to local laws, and it would be best to contact a family lawyer to ascertain the rights and responsibilities of each party.
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