PDA

View Full Version : Ownership of gifts


Evilin
May 30, 2010, 12:45 PM
My 7 year old recently received a gift for his birthday from his grandparents that my husband and I do not approve of. I live in Indiana. Our question is, and it my sound stupid, but does our son legally own the gift or do we, as his parents, have ownership of the gift because our son in a minor?

Kitkat22
May 30, 2010, 12:47 PM
Elaborate... Please...

Evilin
Sep 19, 2010, 08:01 PM
I just want to know who has ownership of a gift given to a minor. The parents or the minor.

answerme_tender
Sep 21, 2010, 09:13 AM
I guess my question is why would you feel necessary to take away a 7yro gift? I mean really why go to such extremes. So you don't approve of grandparents, obviously you can't stand them. But its just a gift, and its not for you its for your son. Becareful that we show by example of forgiveness and love, but unfortunately we also show hate and bitterness by example. And that is what can come back around later in life to haunts us.

JudyKayTee
Sep 21, 2010, 10:54 AM
This is a legal question and I have asked that it be transferred to a legal board.

It's also a fairly tricky question - ownership is with the child. CONTROL of the gift (and the child) is with the parents.

Example - grandparents give BB gun to child. Parents think it's inappropriate. Child (legally) owns it. Parents control gun and child and take it away/put it away.

Same in every State.

JudyKayTee
Sep 21, 2010, 10:57 AM
I guess my question is why would you feel necessary to take away a 7yro gift? I mean really why go to such extremes. So you dont approve of grandparents, obviously you can't stand them. But its just a gift, and its not for you its for your son. Becareful that we show by example of forgiveness and love, but unfortunately we also show hate and bitterness by example. And that is what can come back around later in life to haunts us.


I must disagree. Irresponsible people give irresponsible gifts to children INCLUDING BB guns, dirtbikes (when they are too young to drive them), cars (when they are too young to drive OR the parents have already said no). Been through this with my family.

I see no hate and/or bitterness when you protect your child OR enforce rules you have set concerning your child - when I say no, I mean no, I have my reasons and I do not need anyone going over/under/around me.

Please read my BB gun example.

answerme_tender
Sep 21, 2010, 11:06 AM
Wow, I must of missed the BB gun part of her question!! In fact I never did see were it was stated what type of gift was given. So please explain how you can once again disagree with MY opinion. I thought we are here to give opinions to how we feel on the question, not to give our opinions on how someone may express theirs.

justcurious55
Sep 21, 2010, 11:23 AM
Wow, I must of missed the BB gun part of her question!!! In fact I never did see were it was stated what type of gift was given. So please explain how you can once again disagree with MY opinion. I thought we are here to give opinions to how we feel on the question, not to give our opinions on how someone may express theirs.

Judy was simply giving examples of how inappropriate gifts can be given. I disagree with your comment too. This is a legal question and you didn't address the legal aspect of it. You went on about the OP not being able to stand the grandparents and hate and bitterness when the OP never said anything about not being able to stand the grandparents, they only told us that they didn't approve of the gift. In your opinion taking away a gift is extreme but the OP does have the legal right to control gifts given to the child.

Kitkat22
Sep 21, 2010, 11:29 AM
judy was simply giving examples of how inappropriate gifts can be given. i disagree with your comment too. this is a legal question and you didn't address the legal aspect of it. you went on about the OP not being able to stand the grandparents and hate and bitterness when the OP never said anything about not being able to stand the grandparents, they only told us that they didn't approve of the gift. in your opinion taking away a gift is extreme but the OP does have the legal right to control gifts given to the child.

Perhaps reading the OP other thread may shed some light on the advice here.

JudyKayTee
Sep 21, 2010, 12:07 PM
Wow, I must of missed the BB gun part of her question!!! In fact I never did see were it was stated what type of gift was given. So please explain how you can once again disagree with MY opinion. I thought we are here to give opinions to how we feel on the question, not to give our opinions on how someone may express theirs.


If you read my answer you will see that there was no mention of a BB gun in OP's question. I believe I said I was using that as an example of an inappropriate gift. I'll be happy to explain it again if you still can't find or understand my reference.

This woman asked a LEGAL QUESTION about ownership of a gift, no matter where it is posted. The LEGAL ANSWER is the answer I gave.

Your love/forgiveness/bitterness and whatever else you threw into the mix answer is neither legally sound nor good advice to a parent whose child has received a gift the parent finds to be inappropriate.

Once again (as you put it) you have given what I consider to be either bad or inappropriate advice. Because some threads are opinions and others are fact we will continue to disagree.

And, in case you missed it the first time or two - if a parent forbids a child to have a certain "thing" (such as a BB gun) and someone else presents the child with that same "thing" the parent has every legal right to remove the "thing" from the child's control.

I also think that's good parenting. You say no, you mean no. You stick to it.

As far as not agreeing with you I still find advice to stay in an unhappy marriage where you are raising stepchildren because you might enter into another marriage with even worse stepchildren is, at best, flawed.

JudyKayTee
Sep 21, 2010, 12:08 PM
Perhaps reading the OP other thread may shed some light on the advice here.


May or may not be a connection - but I have given the legal answer.

Kitkat22
Sep 21, 2010, 12:11 PM
May or may not be a connection - but I have given the legal answer.

I agree with you. I would not want a kid having something dangerous.

answerme_tender
Sep 21, 2010, 12:18 PM
Good lord, I don't believe I was advocating for someone to please send a child something dangerous oh and let them play with it. I also am a parent, and damn good one and If someone sent my child something dangersous then yes I would do the right thing and take it away without having to ask anyone's opinion or legal advice.

Kitkat22
Sep 21, 2010, 12:23 PM
Good lord, I dont believe I was advocating for someone to please send a child something dangerous oh and let them play with it. I also am a parent, and damn good one and If someone sent my child something dangersous then yes I would do the right thing and take it away without having to ask anyones opinion or legal advice.

Tender.. I don't think you were saying that at all. The woman hasn't even told us what the gift is. I think JudyKaye was giving the legal aspects and she is correct. I know you would never do anything that would endanger your children, but legally as Judy said the parents have a right to do whatever they choose... No one was putting you down.:)

JudyKayTee
Sep 21, 2010, 12:36 PM
Good lord, I dont believe I was advocating for someone to please send a child something dangerous oh and let them play with it. I also am a parent, and damn good one and If someone sent my child something dangersous then yes I would do the right thing and take it away without having to ask anyones opinion or legal advice.


And that's you - apparently the OP feels she needs legal advice for whatever reason. I found your question to be difficult to understand. You have a special needs child and don't know where to go for information on schools? (https://www.askmehelpdesk.com/learning-disabilities/after-high-school-can-they-go-some-type-college-507788.html) No one judged you.

Please stop judging the people who ask the questions. They are entitled to the information without the thread turning into a war of words.

The OP's question was: "does our son legally own the gift or do we, as his parents, have ownership of the gift because our son in a minor?" All the rest of this (including your hurt feelings) is superfluous. OP now knows the law.

I am asking that this thread be closed - it's no longer about what the OP asked.

(Very seldom do I see the words Lord and damn in the same post.)

answerme_tender
Sep 21, 2010, 12:54 PM
Please have close or do you need more time to display everyone's original question or was that just for my benefit.