Jacksonville, FL asked in Family Law and Civil Rights for Florida

Q: If you were given a phone as a gift before 18 that your mom pays does she have the right to take it now that you're 18.

Me and my mom got into a fight which she started and proceeded to beat on me. I did swing back to get her to leave me alone. She was upset because I was sharing my feelings with my aunt that had nothing to do with her. I was talking to her about my feelings when my mom came up there yelling at me for saying i dont need to come up here crying. she proceeded to argue with me and we went back and forth and she got all up in my face. My one rule i have is to not put your hands on me and i told her that. I told her if she hit me i would call 911 because im sick of the abuse. She proceeded to call me names out character and eventually hit me. she pulled my hair and beat me and hit me and dragged me around. So i called 911 she proceeded to try and take the phone away from me saying i wasnt calling 911 on her phone which is mine that she gave to me which i have a right to. she does not have to pay it. so she got on me pinned me down and my sister forcefully took the phone out my hand and......

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1 Lawyer Answer

A: No one has the right to renege on a gift, but if the phone service is not in your name, and the phone was provided from the service, your mother might be able to get away with claiming the phone belongs to her. You seem to have much bigger problems in your household than the wrongful taking of your phone. At age 18, you have the right to live elsewhere and even discontinue your relationship if you desire, but if you'd like to amicably resolve the issues with your mother, you may want to speak to social service agencies that provide counseling services with the goal of family reunification.

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