Franklin, NC asked in Divorce for Tennessee

Q: Currently married. Have 2 kids. Filing for divorce and husband said he will sign his rights over. How easy is that?

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: Sorry, but its NOT possible to "sign his rights over" in a divorce case. Tennessee law prohibits any agreement which attempts to eliminate a parents duty to support their children. However, after the divorce, if you were to re-marry and your new husband wanted to adopt the children ( and thus assume the duty of support) the father could then agree to sign and terminate his parental rights to the children.

Marjorie A Bristol agrees with this answer

Marjorie A Bristol
Marjorie A Bristol
Answered
  • Goodlettsville, TN
  • Licensed in Tennessee

A: You should consult an attorney to help you with the divorce. If your husband meant that he is agreeable to you having full custody, then that can be done fairly easily, but you will still need an attorney to prepare the paperwork to ensure that it is done correctly.

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