View Full Version : Do I have a legal right to get my kids furniture back?
SBRUNSELL
Dec 29, 2013, 06:09 AM
I was arrested and while I was in jail(36 hours) my mom came into my home and took all my children's belongings including all their bedroom furniture without my knowledge or permission. While I was taking care of my legal issues I signed a temp guardianship while my kids lived with her. Now I'm in process of dissolving her guardianship and moving my kids back in with me but now she refuses to give me back any of their furniture. Can she legally do that? She gave me two of the beds for my kids years before I was arrested and she threw away the furniture for my other daughter and replaced it with new furniture. I need to know if I have a legal right to take all of my children's belongings when they move back in with me or does she have a legal right to keep the items and not return them to my children?
joypulv
Dec 29, 2013, 06:40 AM
It seems from what you describe that you are entitled to your furniture back (including the new replacements, unless she can cough up the old ones), but there is no specific law that covers something like this.
So you will have to sue her in Small Claims, unless you can involve a social worker. That would be your best try for speed. Is your mother trying to prevent you from getting the children back?
ScottGem
Dec 29, 2013, 06:59 AM
Did she have a key to your place? Assuming she did, you probably would not be able to charge he with stealing. So you would probably need to file suit.
When you say dissolving the quardianship, is that in court? If so, I would ask the judge as part of the dissolution to order the return of the children's things.
SBRUNSELL
Jan 1, 2014, 10:29 AM
No she didn't the door was damaged at the time I got arrested so she was able to walk right in and take whatever she wanted. And yes we both have to go to court to have the guardianship dissolved if we both agree to it then the judge signs off on it and I can take my children home if she wants to fight me on it then I have to get a lawyer as would she. There is absolutely no reason why I wouldn't be allowed to have my children back so the result would be the same... children with me, however she feels she bought new furniture for one of my daughters and got rid of the stuff she took now she wants me to pay for the new stuff and my other two kids furniture she gave me years before this incident as they are antique family heirlooms and refuses to let them have them back when they move back in with me... sounds like I'm going to have to go to small claims if she won't budge huh? Thank u for your help
joypulv
Jan 1, 2014, 11:13 AM
I wouldn't count on getting the family heirlooms back, but you never know. Small Claims judges tend to make decisions arbitrarily on such matters, because they aren't covered by specific laws. But I would fight for the replacement furniture based on the fact that she threw yours out.
Keep in mind the big picture - how much you depend on her for babysitting and comfort. Maybe cooler heads will prevail with a little sit down and compromise. Maybe she feels unappreciated? She did help, right, by taking the kids? Think about it some more.
Fr_Chuck
Jan 2, 2014, 01:37 AM
First get custody back of the children. Ask the court to send a officer with you, to retrieve the children s belongings.
If she refuses and you can not get it, file suit for the value of the items stating that she stole them. Also at that point consider filing a theft report against her, for illegally coming into your home.