I am frequently contacted by potential clients who tell me that they have only been married for a short period – maybe a few days or a few weeks. They do not want to have to go through the divorce process and wonder if they can have their marriage annulled instead.
Amanda Crowell Partner
I often have a parent (usually a mother) contact me and state that the other parent wants to give up his rights to his child and have no more obligations to that child. Can a parent voluntarily give up all rights to his or her child? The answer is not a simple one. If the parent has been established as the biological or legal parent of a child, that parent cannot simply relinquish his parental rights so that he or she no longer has a duty of support.
Recent revisions to the divorce laws in Tennessee require the courts to attempt to maximize the amount of time each parent spends with the minor child or children in fashioning a parenting plan. Sometimes the judge will decide that this means that a 50-50 division of time will accomplish this goal; however, there are many factors that a judge must take into account in determining a parenting schedule, and the most important is always the best interests of the child. You do not have to agree to any division of parenting time that you do not believe is in your child or children’s best interests. A good divorce attorney can help you determine what is likely to happen in court based upon the circumstances of your case, your children’s specific needs, and the usual preferences of the judge who will ultimately decide your matter.