Legal Question in Family Law in Maine

disown an adult child

my daughter has made my life unbearable for many years. no matter what i do to try to make a life with her, she always hurts me mentally and now she has been physical...i no longer want her in my life legally


Asked on 3/25/08, 11:01 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: disown an adult child

A: Because your daughter is an adult, your responsibility as a parent should be a legal non-issue, as is considering emancipation or adoption.

In the unlikely event that a court has granted you guardianship over your adult daughter, e.g., if she is disabled, you could petition for a replacement guardian, setting forth your various reasons. The same is true if your daughter has guardian over you.

If you are living with your daughter, you could consider moving out or evicting her, depending on the details of the current arrangement. The eviction process is technical and complicated, and you should consult with an attorney.

You should consult with an attorney to review your estate documents, e.g. your will, and discuss having your daughter disinherited.

You could seek a court order protecting you from your daughter�s harassment and physical abuse, depending on the degree. You could visit your local district court and ask for the paperwork to fill out yourself or through an attorney. The court may decide that an immediate temporary restraining order against your daughter is warranted by the facts, but either way a hearing would be set for you to put forward facts justifying a restraining order, and for your daughter set forth her version. Having an attorney for this process is advisable but not strictly necessary, e.g., if you cannot afford one. If the court decides an order is warranted, it would make it a crime for your daughter to be in your vicinity.

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Answered on 3/26/08, 11:08 am


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