Gifted computer

[tranquility]

An attorney review would be needed as all the facts would need be known to see if the daughter's computer fell under the order.

Personally, from the way things are being written, I'd say it was. A 20-year-old daughter in college living in her parent's house would almost certainly be under the control of the parents absent other facts indicating a large distance and restriction on each other in a way that most families do not have. Say the daughter was in a mother-in-law's quarters separate from the home where the parents do not enter the unit without some emergency or consent with the daughter present, then a case could be made the computer was not in the possession, custody or control of the parent.

I suspect those are not our facts here and the OP really does not want to produce the computer for his own reasons and not his daughter's.

 

[I'mTheFather]

Is this jonnu? On 7/18/14 you said you finally got a lawyer. Do you have one or not?

 

[jamies2]

Thank you and I appreciate all your detailed answers. I am not Jonnu

However, for the previous thread, "College going daughter's car", it is posted that the mother has no right on the college going "ADULT" daughter's car unless the daughter give permission.

Applying the same argument, how can I grab the computer because my daughter is also an ADULT, unless she gives me permission to take her computer to court. From the beginning, the court was aware of the fact that I gifted that computer to my daughter. The court clearly asked me to bring the computers that are (NOT "were") in my possession or custody or control.

My daughter is nice with me until now. However, she cannot survive her career without that computer. If she really refuses to give that computer to me to take to the court then what choice I have? I do not want to take any advantage with the fact that she is staying in my home.

 

[Zigner]

Thank you and I appreciate all your detailed answers.

However, for the previous thread, "College going daughter's car", it is posted that the mother has no right on the college going "ADULT" daughter's car unless the daughter give permission.

Applying the same argument, how can I grab the computer because my daughter is also an ADULT, unless she gives me permission to take her computer to court. From the beginning, the court was aware of the fact that I gifted that computer to my daughter. The court clearly asked me to bring the computers that are (NOT "were") in my possession or custody or control.

My daughter is nice with me until now. However, she cannot survive her career without that computer. If she really refuses to give that computer to me to take to the court then what choice I have? I do not want to take any advantage with the fact that she is staying in my home.

You are being intentionally obtuse if you are seriously comparing this with the car. Good grief!

 

[I'mTheFather]

You are being intentionally obtuse if you are seriously comparing this with the car. Good grief!

But...

If the court ordered her to share the car, she'd have to share it.

This OP is going to be bankrupt.

 

[jamies2]

Thanks again.


"If the court ordered her to share the car, she'd have to share it.". Yes, I do agree.

However, the court did NOT ask my daughter to give the computer. The court just contacted me to bring the computers that ARE in my custody,....

 

[Isis1]

Thanks again.


"If the court ordered her to share the car, she'd have to share it.". Yes, I do agree.

However, the court did NOT ask my daughter to give the computer. The court just contacted me to bring the computers that ARE in my custody,....

"OR in your control". don't leave that part out. your house, your control.

if i get a warrant to search my home, any illegal drugs found during such search i take the fall for. doesn't matter that "friend" left it. or if it was my teenage son's. it's under my control.

 

[Zigner]

Thanks again.


"If the court ordered her to share the car, she'd have to share it.". Yes, I do agree.

However, the court did NOT ask my daughter to give the computer. The court just contacted me to bring the computers that ARE in my custody,....

You are right. Your daughter won't get in trouble. YOU will. Keep playing games, no skin off our collective noses.

 

[Zigner]

But...

If the court ordered her to share the car, she'd have to share it.

This OP is going to be bankrupt.

The daughter is not a party to the order. If such an order were issued against her, it wouldn't be valid and could be quashed (with the assistance of an attorney).

 

[tranquility]

Thanks again.


"If the court ordered her to share the car, she'd have to share it.". Yes, I do agree.

However, the court did NOT ask my daughter to give the computer. The court just contacted me to bring the computers that ARE in my custody,....

No, it ORDERED *you* to bring in the computers that were in your "possession or custody or control". This computer almost certainly is. If someone comes into your house and puts a baggie of marijuana on your coffee table and the police come in, that is as much in your possession, custody or control as the owner of it who put it on your coffee table. While you want to make it different, this is no different. You can decide to not bring it in if you don't want, but you will probably be asked to explain in a far better way than you have here as to why you should not be held in contempt. (Or, have sanctions against you.) Daughter could have filed to quash the order is she so desired, but, instead, you are trying to claim things that are not really relevant.

Until the facts are known, no one can even guess what the penalty to you will be. See an attorney, give him ALL the facts and see what he says.

 

[quincy]

Thanks again.


"If the court ordered her to share the car, she'd have to share it.". Yes, I do agree.

However, the court did NOT ask my daughter to give the computer. The court just contacted me to bring the computers that ARE in my custody,....

You really need to have an attorney in your area review the court order. Generally the court orders will cover all computers in the household, because those are considered accessible to all.

What is the court order for? Is the order so that a computer forensic expert can preserve the computer contents (and possible evidence) on the computers for later discovery?

 

[I'mTheFather]

So this isn't you???

https://forum.freeadvice.com/libel-slander-defamation-88/plaintiffs-threats-607625.html#post3279691

So many similarities... Hard to believe.

But, of course, I trust you because you seem like an honest, upstanding person.

 

[jamies2]

Thanks again and I agree. I have not posted any earlier posts (may be my physical location or language matches with that of some other postings)

However, I cannot produce the computer of my tenant just because of the fact that he is in the same hose.

Warrant is a different issue, which will be implemented by police or so and they take the burden of the consequences. Here, I am the one who needs to implement and I do not take advantage of my daughter's situation (that she is in my house). At least hypothetically, what if my daughter files a police case on me for taking her property (computer) without her permission?

 

[Zigner]

...<loud whine>...

Seriously, speak to a local attorney. That's your best best.

 

[Zigner]

You really need to have an attorney in your area review the court order. Generally the court orders will cover all computers in the household, because those are considered accessible to all.

What is the court order for? Is the order so that a computer forensic expert can preserve the computer contents (and possible evidence) on the computers for later discovery?

I'm sure if you review the OP's other thread posted under another UserID, you'll see that you've already dealt with this matter.