Who owns the child’s clothing, toys, equipment, and personal effects? This is a question that is asked quite often. Arguments are made that the children’s property belong to the parent who purchased the items for the child. This is often followed up with statements that the purchasing parent can prohibit those items from being taken to the other parent’s house. I have heard stories of children wearing a designated outfit on exchange days due to prohibition of taking anything from mommy’s house to daddy’s house and vice versus.
In Michigan, when parents have agreed to or are granted joint legal custody, language is typically added to the Judgment of Divorce to define what joint legal custody means. One of the paragraphs defining joint legal custody states as follows:
That the child’s clothing, toys, equipment, and personal effects shall be the property of the child and not the parties. This means that the child’s clothing, toys, equipment, and personal effects may move back and forth with the child between the parties’ respective residences as the child so desires and neither party will impede this process. Furthermore, neither party may enter the residence of the other to retrieve any property belonging to the minor child.
This language attempts to settle the question of who owns the child’s clothing, toys, equipment, and personal effects. There is no restriction on the child on which house property can be moved to. The child decides and neither parent should do or say anything to hinder the child from freely moving property. If you are having disagreements over the children’s property, pull out your Judgment of Divorce or custody order and see what it says. Do you find the above language in your judgment? If so, then the property belongs to the child and she can decide where to take it. If you cannot find the above language or something similar in your judgment, then contact an attorney to find out what you can do to resolve the dispute and minimize the conflicts around the child. If you need help, contact us today for a free 15-minute telephone consultation.