Northwood, OH asked in Family Law for Ohio

Q: Does a temporary guardian have to give your baby's belongings back you got from your shower you let use wen you get her

Boyfriends mom has temp custody right now so He and I let her use our daughters baby stuff such as crib stroller ect. Now me and him fighting and instead of working together to get our kid back we trying to separate he saying even if I do get custody back that his mom keeping my baby shower gifts she bought me crib stroller ect. Can she do that or does she have to give me the baby shower stuff back when I get kid back in my custody if she has receipts of what she bought but they was a gift to me and baby at my baby shower please please answer my question

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Cleveland, OH
  • Licensed in Ohio

A: If the property was given to you as a gift, and the understanding when you gave it back was that this was a temporary arrangement and that the property would be returned to you once you regained custody. It's still yours and she is just borrowing it. This reminds me of a memorable court judgment in which the judge refused to order the return of an engagement ring when the couple broke up. Once someone gives you a gift, the item becomes your property. They can only get it back, if you give it back, or it was obtained under false pretenses, so the judge ask the young man, "do you have any evidence she promised to marry you just to get the ring?" And the young man said, "No." And the judge said, "then it's her damn ring."

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