What are my son’s rights to go get son possessions from my ex-husband’s house?

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What are my son’s rights to go get son possessions from my ex-husband’s house?

My son decided not to go to my ex-husband’s house anymore and asked if he could go get his belongings. My ex-husband, who is not my son’s father, said no. He stated, “If it is in my house then it is mine”. My son’s possessions include gifts that were given to him, toys he bought with his own money, clothes etc. Are they his possessions or can my ex-husband keep them? He said if I want my son’s things back I can write him a check for $500 because that is what he estimates they are worth.

Asked on February 18, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all your ex husband has no right to those things and to do what he did could be tantamount to theft or conversion. You need to bring this motion up in court or simply sue and have your son sue (if he is a minor you also need to be included as a plaintiff) for specific performance. That would mean in small claims court you would sue for those items back and nothing more than that. If you don't wish to sue, contact the police, explain this person is your ex husband and has converted your son's personal belongings to his own use without permission. If the police are willing, you might be able to get a police civil escort to convince him to return those items.


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