Childs belongings

[stubyone]

What is the name of your state (only U.S. law)? Maine

My ex-wife wants the court to order me to bring all of my daughters belongings to her home. Can she do this? I still see my daughter once a month.

 

[Just Blue]

What is the name of your state (only U.S. law)? Maine

My ex-wife wants the court to order me to bring all of my daughters belongings to her home. Can she do this? I still see my daughter once a month.

Define "belongings". Thanks...

Also define once a month...ie...do you mean for a weekend, day, hour?

 

[stubyone]

childs belongings

Everything my daughter has here at my home. Her toys, games, money...everything. I get to see my daughter the first Sunday of every month. Thats what my daughter wants I'm told. The GAL says I cant ask my daughter questions about visits.

 

[mistoffolees]

Everything my daughter has here at my home. Her toys, games, money...everything. I get to see my daughter the first Sunday of every month. Thats what my daughter wants I'm told. The GAL says I cant ask my daughter questions about visits.

The GAL is right. Don't get your daughter in the middle.

Please explain the situation. How is it that you ended up with the daughter's things while only getting such limited visitation? In particular, were the items purchased while you were still married? And how long do you see her on your one day a month?

As a VERY general rule, if the items were purchased while you were still married, they fall under the court's discretion and the court could order you to return them (I'm not saying that they will, but they could). If they are items you purchased after the divorce, it is unlikely that you would be ordered to return them.

Out of curiosity, why do you want to keep all your daughter's things at your house when you only see her one day a month? Wouldn't it be best for your daughter to have access to her stuff all the time (with you perhaps keeping one or two toys for when you see her)? If your visit is only a few hours, it is rather silly that you're trying to keep all of your daughter's things at your house.

 

[Just Blue]

Everything my daughter has here at my home. Her toys, games, money...everything. I get to see my daughter the first Sunday of every month. Thats what my daughter wants I'm told. The GAL says I cant ask my daughter questions about visits.

So. Child is with other parent 20/30 days a month, yet "everything" she has is where she spends a day a month? Yeah. Send her "stuff" to her home. You are wrong for making an issue out of this. Don't do this to your daughter.

Blue

 

[stubyone]

belongings

We were divorced in Feb. '09. Everything was split and I stayed in our home and the ex and my daughter moved to low income housing. The first year was fine. I got my daughter every-other-weekend and half of all vacations and holidays. Then the ex stopped letting me see my daughter because I refused to speak to her virbally. I talked with police and they said there was nothing they could do and I had to go to court. I don't have a lot of money (disabled) so didn't go that route. then in March of 2011 I was served with papers. She was asking the court for full custody and no visitation rights. I borrowed money to get a lawyer. He kept telling me that she was in contempt of court for not letting me see my daughter but would do nothing about it. I was ordered to take the for kids sake class and during the class they said we could co-parent without speaking. The GAL disagrees. I was then ordered to take some sort of anger class but refused. All these classes cost money I don't have. Plus I was ordered to pay 2/3 of GAL bills to ex's 1/3. I let my lawyer go recently because I have no more money and can't borrow anymore. My daughter comes the first sunday of every month from 9am until 6pm. I give her money for doing good in school. She is 14 now. I tell her the money is to stay here so when she comes she will have money to do stuff with while she is here. She wanted me to sell her scooter and I did. I let her take that $70 home with her on our last visit. I also told her that she can bring small things home for now and when I see that they are able to go back and forth, I will let her bring bigger things home. I do this because her mother never let her bring things to my home. And since this new court stuff is going on, we were both ordered to let her bring things from both homes but her mother still doesn't let her bring anything. If this keeps up my daughter won't have anything here to do. She got a guitar and I asked her to bring it and she said she can't. I bought her another piano and gave her the old one to bring home but her mother still wants the new one. Even the GAL at one point while here at my home with my daughter told her that "Some things weren't meant to go back and forth." My mother even heard this. But then in court she expressed discussed to the judge that I wouldn't let her take her things home. So I asked her if she remembered saying that to my daughter and she said "yes" but then told the judge that she had seen it somewhere that It is a law that until the child is 18, her items actually belong to the parents but that she felt my daughter should be able to do what she wants with them. So the judge ordered that she be able to do what she wants with her things and the parents couldn't take or dispose of any of it. What is the law on this?

 

[stubyone]

belongings

Blue...she has stuff at both homes. She told me she was fine with how things are. It's heer mother that wants it all there.

 

[Just Blue]

We were divorced in Feb. '09. Everything was split and I stayed in our home and the ex and my daughter moved to low income housing. The first year was fine. I got my daughter every-other-weekend and half of all vacations and holidays. Then the ex stopped letting me see my daughter because I refused to speak to her virbally. I talked with police and they said there was nothing they could do and I had to go to court. I don't have a lot of money (disabled) so didn't go that route. then in March of 2011 I was served with papers. She was asking the court for full custody and no visitation rights. I borrowed money to get a lawyer. He kept telling me that she was in contempt of court for not letting me see my daughter but would do nothing about it. I was ordered to take the for kids sake class and during the class they said we could co-parent without speaking. The GAL disagrees. I was then ordered to take some sort of anger class but refused. All these classes cost money I don't have. Plus I was ordered to pay 2/3 of GAL bills to ex's 1/3. I let my lawyer go recently because I have no more money and can't borrow anymore. My daughter comes the first sunday of every month from 9am until 6pm. I give her money for doing good in school. She is 14 now. I tell her the money is to stay here so when she comes she will have money to do stuff with while she is here. She wanted me to sell her scooter and I did. I let her take that $70 home with her on our last visit. I also told her that she can bring small things home for now and when I see that they are able to go back and forth, I will let her bring bigger things home. I do this because her mother never let her bring things to my home. And since this new court stuff is going on, we were both ordered to let her bring things from both homes but her mother still doesn't let her bring anything. If this keeps up my daughter won't have anything here to do. She got a guitar and I asked her to bring it and she said she can't. I bought her another piano and gave her the old one to bring home but her mother still wants the new one. Even the GAL at one point while here at my home with my daughter told her that "Some things weren't meant to go back and forth." My mother even heard this. But then in court she expressed discussed to the judge that I wouldn't let her take her things home. So I asked her if she remembered saying that to my daughter and she said "yes" but then told the judge that she had seen it somewhere that It is a law that until the child is 18, her items actually belong to the parents but that she felt my daughter should be able to do what she wants with them. So the judge ordered that she be able to do what she wants with her things and the parents couldn't take or dispose of any of it. What is the law on this?

Sigh...

I don't mean to sound nasty but!....I will.

You should have taken the anger course.
You SHOULD have educated yourself on Custody Law and gone Pro Se.
You should NEVER EVER take "legal" advice from a cop.
AND, most importantly, DO not EVER "punish" the child cause the ex sucks.

 

[Just Blue]

Blue...she has stuff at both homes. She told me she was fine with how things are. It's heer mother that wants it all there.

That is not what you said in post 4.

 

[stubyone]

belongings

What did I not say? About her belongings?

 

[Just Blue]

What did I not say? About her belongings?

Today 03:03 PM
stubyone childs belongings

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Everything my daughter has here at my home. Her toys, games, money...everything. I get to see my daughter the first Sunday of every month. Thats what my daughter wants I'm told. The GAL says I cant ask my daughter questions about visits.

You stated that "everything" your daughter has is at your home. You didn't say that she has belongings at both homes. You need to be clear. K?

 

[stubyone]

belongings

She has been living with her mother since Feb. '09. She took half her things there and left half her things here.

 

[stubyone]

belongings

Sorry. Trying to be. So what is the actual law regaurding childs possessions?

 

[Just Blue]

Sorry. Trying to be. So what is the actual law regaurding childs possessions?

The "general" law is that a child has no inherent "rights" to possessions. But, per your posting, THIS child does, per the court order.

we were both ordered to let her bring things from both homes

If Mom does not comply with the CO, your option is to file a motion of contempt. DO NOT act the child and do as she does. Someone has to behave like a caring parent.

 

[stubyone]

belongings

OK. Thank you so much for your time Blue.