Legal Question in Real Estate Law in New York

my 16 yr old son recently stopped visiting his father and is staying with me full time. He asked his father when he could collect his belongings and his father told him any time.. When we went there they had put his things in a room and locked it and told him he couldn't have his things. they stated whats in there house stays there.. can he keep his belongings like that?


Asked on 8/05/12, 5:43 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

One question that comes to mind is who bought your son's belongings. Did your son purchase them from monies he earned through work, or did his dad purchase them? If your son purchased them, perhaps you have more solid ground to stand on in demanding their return.

If not, and if you cannot afford to re-purchase these things, perhaps the wise move is to go to Family Court, get an order of exclusive residential custody in your favor, and in that process call his father out in open court for keeping your son's personal items from him. If he is wise, at that point he will probably return the items rather than have a judge view him as petty and not having his child's best interests at heart.

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Answered on 9/03/12, 7:35 am


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