Adult child "divorcing" parent?

[Frodo76]

In Florida, is there such a process for an adult "divorcing" himself from a parent, so that the parent no longer has any legal rights or ties such as next of kin, etc. from the individual and cannot use or abuse the claim of parental relationship to interfere, harass, etc. with the individual's life, including medical and legal issues. A restraining order was filed but was rejected on the basis of lack of a physical theat, ignoring emotional or psychological ones.

 

[Silverplum]

In Florida, is there such a process for an adult "divorcing" himself from a parent, so that the parent no longer has any legal rights or ties such as next of kin, etc. from the individual and cannot use or abuse the claim of parental relationship to interfere, harass, etc. with the individual's life, including medical and legal issues. A restraining order was filed but was rejected on the basis of lack of a physical theat, ignoring emotional or psychological ones.

Not to my knowledge, but go ahead and google for it.

Generally, the remedy for an adult who doesn't want to see/talk to their family is to NOT see/talk to their family. Nobody can MAKE you talk to them or see them or take their calls or answer the door when they knock or open their letters or answer their emails.

The only "claim" they have is the one you give them. Once you're an adult, that is.

 

[xylene]

Yes, what you seek is possible. It isn't called divorce.

There are good reasons to do it, for example if one is dying and want it understood (and obeyed) that the parents views on end of life issues shall not be interjected once the person is beyond consciousness or unable to make rational choices.

Get a lawyer.

 

[Frodo76]

Generally, the remedy for an adult who doesn't want to see/talk to their family is to NOT see/talk to their family. Nobody can MAKE you talk to them or see them or take their calls or answer the door when they knock or open their letters or answer their emails.

The only "claim" they have is the one you give them. Once you're an adult, that is.

And I hope you'll take this constructively when I say your advice/solution is a little naive. I DON'T see or speak or communicate in any way with the family member. That in no way however, prevents her from continuing pursuit -- stalking -- which I do not want or, given her "title" and other issues such as knowing my SSN, etc., inserting herself into and interfering with my life, making or chaning decisions on my behalf to the "correct" ones, etc. One example, as a robbery victim a few years back, she not only somehow came to know about it, but contacted the state attorney's office and got my contact information which I had only established a week beforehand (which was/is probably a breach of ethics and attorney-client privilege). If she can do that sort of thing there, based on the claim 'oh, I'm his mother, and blah blah blah,' it can be done with medical, or financial, etc.

So you see, you're wrong. She can claim her relation to me and relevence in my life to all sorts of third parties who are conned into believing her. It's hardly a matter of just avoidance or ignore it and it'll go away.

 

[seniorjudge]

In Florida, is there such a process for an adult "divorcing" himself from a parent, so that the parent no longer has any legal rights or ties such as next of kin, etc. from the individual and cannot use or abuse the claim of parental relationship to interfere, harass, etc. with the individual's life, including medical and legal issues. A restraining order was filed but was rejected on the basis of lack of a physical theat, ignoring emotional or psychological ones.

Not to my knowledge, but go ahead and google for it.

Generally, the remedy for an adult who doesn't want to see/talk to their family is to NOT see/talk to their family. Nobody can MAKE you talk to them or see them or take their calls or answer the door when they knock or open their letters or answer their emails.

The only "claim" they have is the one you give them. Once you're an adult, that is.

Excellent and accurate legal advice based on what the poster asked.

 

[Frodo76]

Adult child/parent "divorce" and court-ordered name change follow-up

Yes, what you seek is possible. It isn't called divorce.

There are good reasons to do it, for example if one is dying and want it understood (and obeyed) that the parents views on end of life issues shall not be interjected once the person is beyond consciousness or unable to make rational choices.

Get a lawyer.

I wouldn't expect that it was a divorce by title but, that's part of the problem: not knowing what to call it in order to look it up, etc. Divorce is for married adults, and emancipation is for minor children, but divorce seemed the closest analog. Do you know what it IS called so I can find representation more knowledgably?

The end-of-life issue is another fine example; thanks for including it.

One associated matter I forgot to mention which I'll ask when I get council but figured I'd just throw it out here, is it known to be possible for a child to force a divorced parent to give up the married name shared with the child? The child arguably has a biological and lineage right to it, while the parent only a legal claim which was dissolved with the marriage.

Thanks for the 411, Xylene, and, btw, love your chemical formula.

 

[Silverplum]

One associated matter I forgot to mention which I'll ask when I get council but figured I'd just throw it out here, is it known to be possible for a child to force a divorced parent to give up the married name shared with the child? The child arguably has a biological and lineage right to it, while the parent only a legal claim which was dissolved with the marriage.

Not at all possible.

 

[seniorjudge]

Q: I wouldn't expect that it was a divorce by title but, that's part of the problem: not knowing what to call it in order to look it up, etc. Divorce is for married adults, and emancipation is for minor children, but divorce seemed the closest analog. Do you know what it IS called so I can find representation more knowledgably?

A: There is no such thing.


Q: One associated matter I forgot to mention which I'll ask when I get council but figured I'd just throw it out here, is it known to be possible for a child to force a divorced parent to give up the married name shared with the child?

A: No.


Let me put it plainly: You have no case to do anything.

 

[Silverplum]

Excellent and accurate legal advice based on what the poster asked.

*basks*

 

[Perky]

Why don't you just inform your personal/business/whatever contacts that your mother is not to be given any information about you without your specific consent?

 

[majomom1]

And I hope you'll take this constructively when I say your advice/solution is a little naive. I DON'T see or speak or communicate in any way with the family member. That in no way however, prevents her from continuing pursuit -- stalking -- which I do not want or, given her "title" and other issues such as knowing my SSN, etc., inserting herself into and interfering with my life, making or chaning decisions on my behalf to the "correct" ones, etc. One example, as a robbery victim a few years back, she not only somehow came to know about it, but contacted the state attorney's office and got my contact information which I had only established a week beforehand (which was/is probably a breach of ethics and attorney-client privilege). If she can do that sort of thing there, based on the claim 'oh, I'm his mother, and blah blah blah,' it can be done with medical, or financial, etc.

So you see, you're wrong. She can claim her relation to me and relevence in my life to all sorts of third parties who are conned into believing her. It's hardly a matter of just avoidance or ignore it and it'll go away.

The problem is also with these third party companies... privacy and security is in place, and the employees should respect them. If they don't well then you are fighting a losing battle. Most of these would probably allow you to put a 'note' in your file NOT to give any information out, even to Mom...

 

[seniorjudge]

Why don't you just inform your personal/business/whatever contacts that your mother is not to be given any information about you without your specific consent?

Perky, you really need to stop making these accurate answers that make sense.

It confuses the posters!

 

[Perky]

Perky, you really need to stop making these accurate answers that make sense.

It confuses the posters!

Sorry Judge, I got me know laywerlie chops, so I got to relay on me common cents!



(Only teasing with the grammar and spelling. I know it gets under your skin (mine too, actually.)

 

[Zephyr]

The problem is also with these third party companies... privacy and security is in place, and the employees should respect them. If they don't well then you are fighting a losing battle. Most of these would probably allow you to put a 'note' in your file NOT to give any information out, even to Mom...

I agree, and if you are feeling that strong about your mother's involvement, I would make it very very clear to the professionals you are dealing with that should they share your information your business will be taken elsewhere.