Legal Question in Family Law in Tennessee
Annulment by Mental Capacity vs. Custody Issues
My daughter (16) recently married a boy (19), neither of whom were ready to get married. After just a few weeks of being together, he left my daughter. He doesn't work or support my daughter in any way.
My daughter is pregnant. She also suffers from a severe seizure disorder, as a result of brain surgery she underwent for a brain tumor years ago. She has accumulated many medical bills for the pregnancy during the course of the marriage, none which the husband has contributed to.
My daughter wants the marriage annuled, and her neurologist has written a letter stating that she did not have the mental capacity to understand the nature of her marriage commitment. After her brain surgery, she became a much different person with a different personality.
My concern is: Does the biological father now have legal grounds to take the baby away from my daughter once born, since we are disclosing my daughter's mental capacity issues and seizure disorder to file the annulment? Are we creating potential future litigation for ourselves? Or is she, as a disabled person, protected by any laws? My daughter is living with me and her father in our home, and I will be home at all times to watch/care for her and the baby.
1 Answer from Attorneys
Re: Annulment by Mental Capacity vs. Custody Issues
Your daughter's problems could be used against her to get custody of the child. As to the annulment, I have not seen a marriage annuled when there is a child involved. Your daughter would be better off keeping her illness quiet and simply getting a divorce. You have a big problem and one I cannot fully answer in this short note, but if it were my daughter I would do everything I could to seek a divorce from him and seek child support for the child. Again, annulments are only given in very limited cases. And in those cases, the parties have no children. I think a divorce is your best option.
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