Detroit, MI asked in Criminal Law, Divorce and Child Support for Michigan

Q: Can a father take back a phone and watch that were Christmas gifts or file a stole property report?

What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest dropped off, order shows zero for one child, so I put in a request- as legally allowed to do).

1 Lawyer Answer

A: Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.