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Can my Ex keep my daughters graduation gifts because she is upset that my daughter has moved out to come live with me?

Asked over 2 years ago - Montague, MI

Family

I am divorced and my daughter has lived with her mom and step dad for the past 16 years.My daughter is 18 and has just graduated from high school. My daughter has recently come to live with me . She was given an ultimatum to move out and she did.Her graduation was this past weekend May 31st. She has no intentions on returning to her moms. This is from repeated issues between my daughter her step dad and mom. There was an open house for her this past weekend at her moms in which my daughter received $1200.00 in gifts for recognition of her graduation. It was mostly checks in her name along with some cash. When my daughter left to come back to my house she was told by her mom that she (my ex) had invited the people to her house so the money was hers. Can I get this back for her in court?

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Attorney answers (1)

Eric R. Fox

Reputation Level 9

Answered over 2 years ago. Family Law Attorney in Hart, MI.

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I am sorry to hear of the trouble in your family It sounds like a miserable situation.

Your daughter is 18 years old and is an adult under the law. As an adult, she is responsible for enforcing her rights with respect to property. I suspect that she could file a small claims action in the local district court and, under these facts, persuade a judge to give her possession of the gifts that were intended for her; particularly the checks. If mom cashes these, there may be criminal activity involved.

You asked whether "you" could get it back for her. The answer to that is no. Your daughter is the only person who has a claim for this property and, therefore, is the only person entitled to bring an lawsuit to recover it.

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