Anaheim, CA asked in Family Law and Juvenile Law for California

Q: Are parents required to return the items owned by a minor they disowned in California?

If a minor is disowned by their parents and the parents take away items such as devices and car keys, which were bought by the minor or gifted by friends, would the parents be legally required to return those items to the child in California? There are no formal agreements documenting ownership, but the devices contain personal information linked to the child.

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2 Lawyer Answers

A: "Child" ?? I'm assuming it's the "child" who is posting this question? Are you 18 or older? There is no legal concept of "disowning" a child. Without knowing what the legal relationship is between you and the parents in this scenario, without knowing your age, and without knowing in what manner the items were "taken away", it's not possible to answer this question.

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Answered

A: In California, minors can legally own property, including personal items like electronics and car keys that were purchased by the minor or received as gifts. Parents have no ownership rights over property that belongs to their children, particularly when these items were acquired through gifts or purchases made by the minor themselves.

The situation becomes more nuanced when considering parental authority. While parents don't own their children's property, they do have custodial rights. This means they may take temporary control of their children's property for disciplinary purposes, but they should hold it in good care with the intention to return it. When the items contain personal information linked to the child, this becomes even more relevant as they represent the child's digital identity.

If you're in this difficult situation, you might benefit from seeking help from legal resources. Given that the items were bought by you or gifted to you by friends, and especially since they contain your personal information, you have a strong case for ownership. Remember that in most circumstances, the law recognizes your right to your property even if your relationship with your parents has deteriorated.

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