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Question about gifts for a baby that are asked to be returne

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Latest post Wed, Apr 6 2016 12:57 PM by ca19lawyer2. 10 replies.
  • Tue, Apr 5 2016 7:29 PM

    • SuzanneES
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    Question about gifts for a baby that are asked to be returne

    My son has a baby and his ex-girlfriend purchased items for the baby like a bassinet and bed and stroller, etc.  They are all at our house and were used here for the baby.  They now broke up and she is demanding all these items back.  She told me and another person that these items were purchased for the baby and she will leave them with the baby.  She has no relation to the baby. Suddenly now she wants then returned.  I am tempted to ask her to go to court against us to get them as she threatened to come with the police to get them.

    I believe these items were gifts for my son to use with the child or for the child and since she lives here half of the time (shared custody) I would think she has no right to demand these gifts back.  Yes or not?

  • Wed, Apr 6 2016 6:45 AM In reply to

    • Drew
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    Re: Question about gifts for a baby that are asked to be returne

    You son needs to sort out the issues?    And your son might be smart to,focus on court order  re visitation and support ..if there is not an order in place. 

    Me, I'm just tempted to say NO, and no further comments .   



  • Wed, Apr 6 2016 6:47 AM In reply to

    Re: Question about gifts for a baby that are asked to be returne

    I would not give her anything. The police very likely are not going to be involved because this is a civil matter. I would stop talking to her about it. If Mom has the receipts for the items that she paid for them its possible she may have a little luck in court but at this point I wouldnt give her anything.

    I do think your son needs to assert his parental rights as well so hopefully there is a court order for custody and visits so mom cannot play games.

     

  • Wed, Apr 6 2016 6:57 AM In reply to

    • SuzanneES
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    Re: Question about gifts for a baby that are asked to be ret...

    She isn't the mother.  

  • Wed, Apr 6 2016 7:01 AM In reply to

    • SuzanneES
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    Re: Question about gifts for a baby that are asked to be ret...

    Thanks.  The  ex is not the mother of the child.  I wrote that she has no relation to her.  She purchased these items for the baby right after she was born and when her and my son were dating. So I believe they are gifts.  She knew they were not for her own child.  I do not even mind giving them back but I can not afford to replace everything..crib, bassinet, clothing,e to from one minute to the next and neither can my son.we had told her not to spend so much money on the baby but she did anyway.

  • Wed, Apr 6 2016 7:50 AM In reply to

    Re: Question about gifts for a baby that are asked to be ret...

    A gift is a gift.  You give it, it's accepted, there's no take back.  The only exception in some states involves the conditional gift of an engagement ring.  Stop worrying about it. 

  • Wed, Apr 6 2016 7:50 AM In reply to

    Re: Question about gifts for a baby that are asked to be ret...

    SuzanneES:
     I wrote that she has no relation to her.

    I caught that.

    SuzanneES:
    She purchased these items for the baby right after she was born and when her and my son were dating. So I believe they are gifts.

    They ARE gifts.

    Neither you nor your son have any legal obligation to return them.

    SuzanneES:
     I do not even mind giving them back

    I agree with the others that you shouldn't give them back.

    SuzanneES:
    we had told her not to spend so much money on the baby but she did anyway.

    And now you can tell her thanks for the gifts, go away. Then block her calls and stop talking to her. Same goes for your son.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Apr 6 2016 7:57 AM In reply to

    Re: Question about gifts for a baby that are asked to be ret...

    SuzanneES:
    She purchased these items for the baby right after she was born

    Whether these items were gifts or not depends on what was said at the time.  Have you asked your son whether she bought those things with the understanding that he would pay her back at some time in the future?

    If the items were gifts, then you have a right to keep them.  The law does not look kindly on the idea that gifts can be taken back later whenever the giver changes her mind.

    It's possible the whole thing will blow over, since it's probably driven by her anger at your son over the breakup.  Maybe you could try meeting her, just the two of you without your son there, to talk about it.  That may be enough to get her to realize that you and the baby are both innocent victims of their relationship problems, and you can work something out amicably.  If that matters to you, of course.

  • Wed, Apr 6 2016 8:11 AM In reply to

    Re: Question about gifts for a baby that are asked to be ret...

    karen2222:
    If that matters to you, of course.

    I should add, "and if you think she has the maturity to respond to your overture."

  • Wed, Apr 6 2016 11:35 AM In reply to

    Re: Question about gifts for a baby that are asked to be returne

    Ok I understand now. She is not the mother just a woman he was dating? Those are gifts. You do not take gifts back after you break up. Ignore her.

  • Wed, Apr 6 2016 12:57 PM In reply to

    Re: Question about gifts for a baby that are asked to be returne

    She certainly has the "right to demand" whatever she wants, but I assume that's not really what you intended to ask.

    If she gave the items to your son or to you, then she cannot successfully sue to have the items returned.  Whether the items were, in fact, given as unconditional gifts or whether she merely bought them and allowed your son/you to use them until such time as the relationship ended isn't something that folks on an Internet message board can determine.  I doubt the police would intervene in this sort of thing.

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