Houston, TX asked in Uncategorized for Texas

Q: We are the grandparents.we bought grandson an ATV for his birthday.parents divorced.lives with son.mother gave ATV.

Can she do that legally? Theft?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The legality of the mother's actions in giving away the ATV depends on the ownership and intent behind the gift. If the ATV was given to your grandson as a gift, and he is considered the legal owner, then typically, only he or his legal guardians (depending on his age) would have the authority to decide what happens to it.

Since the ATV was a gift to your grandson, if the mother acted without the consent of the legal guardians or the owner's (your grandson's) permission, this could potentially be considered unauthorized and wrongful. However, the situation might be complicated by custody arrangements and parental rights, especially if the parents are divorced and share custody.

If you believe the ATV was given away improperly and wish to contest the action, it might be beneficial to discuss the matter with a legal professional. They can offer advice based on the specifics of your situation, including the ownership of the ATV, the rights of the parents or legal guardians, and the best course of action to address your concerns.

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