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Old 02-08-2019, 12:36 PM
 
1 posts, read 610 times
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Two parents are divorced. The father, who is currently deployed, purchased a vehicle and phones and continues to pay for cell service, car insurance, etc. Is the mother legally able to take away either of these physical assets as punishment with or without consent from the father?

I'm not sure if the UTMA/UGMA would apply or if the items would be considered the child's property. Please clarify whether or not the mother has the right to take these items as the child currently lives in her residence.
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Old 02-08-2019, 08:04 PM
 
Location: Wisconsin
16,660 posts, read 16,591,596 times
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My gut reaction is that if the child is under 18 then Yes and if the person is an adult than they should move into their own apartment if their mother still feels that they can take away their phone and/or car as punishment.


Legally, if have no idea.
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Old 02-08-2019, 08:13 PM
 
Location: North Beach, MD on the Chesapeake
33,185 posts, read 40,627,244 times
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Quote:
Originally Posted by germaine2626 View Post
My gut reaction is that if the child is under 18 then Yes and if the person is an adult than they should move into their own apartment if their mother still feels that they can take away their phone and/or car as punishment.


Legally, if have no idea.
If the father is deployed and the kid is under 18 it sounds to me like the mother has custody and is responsible for the child's behaviour. If maintaining discipline means suspension of privileges then yes, she has that right.

I know that's not what you wanted to hear.
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Old 02-08-2019, 11:02 PM
 
40 posts, read 19,575 times
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IANAL

Who is the car registered to? Who's name is on the title?

Who's name is the phone bill in?

If the answer to these questions is someone other than the child, the child is not the owner.
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Old 02-09-2019, 08:40 AM
 
15,936 posts, read 19,032,555 times
Reputation: 25889
Quote:
Originally Posted by vbjnk12 View Post
Two parents are divorced. The father, who is currently deployed, purchased a vehicle and phones and continues to pay for cell service, car insurance, etc. Is the mother legally able to take away either of these physical assets as punishment with or without consent from the father?

I'm not sure if the UTMA/UGMA would apply or if the items would be considered the child's property. Please clarify whether or not the mother has the right to take these items as the child currently lives in her residence.
I am pretty sure that I've seen a newspaper article recently about a Mom that took away a cell phone, purchased by other parent....She was in trouble for theft.

Personally, if my kids dad had done this, I would also hold them responsible for the discipline. And, if they can't discipline, don't let them give the items to the kid if you have full custody.
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Old 02-09-2019, 04:59 PM
 
Location: Austin
7,173 posts, read 17,305,799 times
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If the child is in the mother's home, it's her rules as I'm sure the child is not paying rent to live there. If said child can't behave, yes, taking away pleasures is a suitable punishment. My kid got laser guns for Christmas. They were a gift. I can still take them away for bad behavior even though they were a gift. My house, my rules!
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Old 02-09-2019, 08:32 PM
 
Location: Billings, MT
9,375 posts, read 7,463,476 times
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Quote:
Originally Posted by vbjnk12 View Post
Two parents are divorced. The father, who is currently deployed, purchased a vehicle and phones and continues to pay for cell service, car insurance, etc. Is the mother legally able to take away either of these physical assets as punishment with or without consent from the father?

I'm not sure if the UTMA/UGMA would apply or if the items would be considered the child's property. Please clarify whether or not the mother has the right to take these items as the child currently lives in her residence.

How old is the child?
Whose name is on the car title?
Whose name is on the insurance policy?
Whose name is on the cell phone contract?
Who is paying for the fuel and maintenance for the car?

If the child is under 18, and the father's name is on all three of the above, the child owns nothing, he/she is using them with the father's permission. The mother probably can not take them without written permission from the father. However, if she is paying for the fuel and maintenance, she can stop doing that. The father is a fool for putting himself in such a potential liability situation, if the kid has an accident!

If the child is 18 or older, I think the mother can boot him/her out of the house, with the car and the cell phone, telling the kid to get an apartment and a job.
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Old 02-11-2019, 06:25 PM
 
17,751 posts, read 22,817,622 times
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simple.....stay out of trouble...you wont get punished..
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Old 02-11-2019, 09:18 PM
 
3,412 posts, read 2,982,219 times
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If the child is under 18, mom should be able to take it away. Terms of child support and agreements may come into play. Worst case, mom may just need to put them in timeout and give them back to dad.
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Old 02-12-2019, 05:21 AM
 
Location: NJ
9,866 posts, read 20,727,598 times
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Quote:
Originally Posted by vbjnk12 View Post
Two parents are divorced. The father, who is currently deployed, purchased a vehicle and phones and continues to pay for cell service, car insurance, etc. Is the mother legally able to take away either of these physical assets as punishment with or without consent from the father?

I'm not sure if the UTMA/UGMA would apply or if the items would be considered the child's property. Please clarify whether or not the mother has the right to take these items as the child currently lives in her residence.
I assume you're the child posting for advice because your mother took your car and cell away? Are you going to come back and answer questions? I see Last Activity: 02-09-2019 05:27 PM
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