Okay so Im 15 years old, almost 16 and a few months ago I was taken out of my fathers home for abuse and sent back to my mothers in michigan...

Question

Okay so Im 15 years old, almost 16 and a few months ago I was taken out of my fathers home for abuse and sent back to my mothers in michigan. My father lives in minnesota. Well I was taken out so suddenly that the only things I had were the clothes on back, and now I've been home for a few months, and my father refuses to send me ANY of my things, because apprently it's my fault I left. My mom told him she would pay for everything in the mail they sent or even make a trip out there but still he refuses. My mom says we can't do anything else because children have no rights to there things under 18. Is there any legal way to get my stuff back or is it now my father's because I brought it ot his house?

Answer

If you are talking about clothing, books, personal items, etc. that are indisputably yours and were purchased for you, these items are your property *versus a car that your father had perhaps bought for you to use, for example). Your father refusing to return them to you shows what a deadbeat he is, as he obviously has no use for the items and it is only hurting you by him not giving them to you. Children do have rights - obviously - and please know that your removal from his custody was not your fault, regardless of what your father says. Unless there were false allegations, then how could it be your fault? for exercising your right not to be abused or be forced to live in unsafe conditions? of course not - everyone has that right and should definitely exercise it.

if the court or the entity that handled the change in custody did not find merit in the abuse allegations, you would not have been removed. Since he is in a different state, I'd suggest that your mother contact the agency or court that handled the change in custody (the removal and transfer of you to your mom), and ask them for assistance in obtaining your items. What they can do, if anything, I have no idea since this is another state and I don't know all of the facts of your situation and who handled the removal & change of custody. However, even if this particular agency can't help you, they may be able to send you to someone who can, and it may be as simple as contacting the local police agency and requesting a peace officer go retrieve the items. Whether they will do it or not, again, depends on the local police agency and whether they have the time or resources to do this. However, if your mom contacted them, explained the situation, she could ask if they would assist her if she was there personally - like escort her to the house to take your items. Having a court order in place prior to this would help, but the police may be able to assist you without a formal court order, especially since we are talking about a child's items and anyone can tell the difference between what is yours and what belongs to your father (for example, it's different than when two adults have this problem and are fighting over furniture, dishes, lamps, animals, etc).

If the change in custody was handled through the court, then they certainly have jurisdiction and authority to order that your property be returned to you.

If your dad blames you or is otherwise uncaring toward you, then don't speak to him over the telephone - you don't need to hear those lies. Try sending him a letter asking for the items. If that doesn't work and you want to avoid the costs of having to travel out there (or like if the police tell you they can't help you at all), send me an email directly so I can get more information, and I'll send your dad a letter demanding the items - sometimes a letter from a lawyer does the trick. I'll do the letter for free - don't worry about it.

Good luck sweetie. Regardless of how this turns out, remember this was not your fault and that clothing and property can always be replaced. Your safety and well-being are the most important things.