Legal Question in Family Law in Texas

My niece is 18 and trying to leave home. Can her step dad take away her cell phone, laptop and clothes? If they were gifted to her, then shouldn't they be hers? Lets say that her cell phone is in her pocket, if he forcibly tried to remove it wouldn't that be assult?


Asked on 7/13/13, 11:07 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Since it normally takes a couple of days for questions to get posted on this website, I assume that the "crisis" is over.

If your niece is 18, she can leave the house. She is an adult and no one can stop her.

If she has any questions, she can call the local police, sheriff or constable. What they will do, I am unsure since each station has different policies. The policing agencies don't have time for "policing" family problems since there are criminals that they need to handle and that take their priority. Normally if the police come out for family disturbances - someone is going to jail!

You are technically correct regarding gifts and ownership. However, your niece is going to have to prove that she is the owner. She can sue her father in small claims court for her possessions. She would need to produce proof that these items belong to her.

She can call an attorney in your county regarding these matters. Unfortunately, most attorneys don't handle small claims cases because legal fees don't make the matters financially worthwhile.

Good luck.

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Answered on 7/14/13, 2:45 pm


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