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Can I get married w/out parents permission?

Discussion in 'Other Family Law Matters' started by raissaymomo, Nov 3, 2006.

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  1. raissaymomo

    raissaymomo Law Topic Starter New Member

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    Ive been with the same guy for four years. We have a 2yr old together and want to get married. Im 16 and hes 19. I know the legal age in nebraska is 19 and 17 with parents permission but because we have a child together i was wondering were there exceptions. I also want to be emancipated and i know i automatically would be if i got married. I have my reasons for wanting to but nothing im gonna say here. if i ABSOLUTELY HAD to use those reasons to get emancipated i would.... but i do love my mom and dont want her in trouble. So id rather get married to him than hurt my mom. I do go to school and work and my sons dad is in the army and working also. So just let me know....and please dont add if your just going to patronize me.....ive heard it all before and i dont need it from anyone else. thanks
     
  2. seniorjudge

    seniorjudge Super Moderator

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    Check with the person who issues the marriage licenses to see if you can get a court order to get married.
     
  3. raissaymomo

    raissaymomo Law Topic Starter New Member

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    thank you
    im not sure who'd that be exactly but thanks
     
  4. seniorjudge

    seniorjudge Super Moderator

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    Okay, go to the courthouse.

    Stop the first person you see who looks like he knows something. This will probably be the janitor. Ask the person, "Who issues marriage licenses?"

    Go to that office. Find the person who issues marriage licenses. Ask that person, "I am underage. Is there a judge available who would give me a court order to get married anyway?"
     
  5. raissaymomo

    raissaymomo Law Topic Starter New Member

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  6. seniorjudge

    seniorjudge Super Moderator

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    Let me know what they say.....
     
  7. cbg

    cbg Super Moderator

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    THis is not my area of expertise but to the best of my knowledge there is NO state where a 16 year old can get married without parental consent, and they don't change the laws because you've already shown the poor judgement as to have a child before you're an adult yourself.
     
  8. raissaymomo

    raissaymomo Law Topic Starter New Member

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    well....if you have a child or are pregnant and over 16 but under 18 you can get married without parental consent in
    florida, georgia, kentucky, maryland, delaware, and oklahoma.

    but thanks.;)
     
  9. seniorjudge

    seniorjudge Super Moderator

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    Any statutes to back you up on that?

    Please cite.
     
  10. cbg

    cbg Super Moderator

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    I know for a fact that that is no longer true in Georgia. The law was changed earlier this year.

    I'd also like to see your citations on that.
     
  11. CdwJava

    CdwJava Moderator

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    You may not like this, but I can't find ANYWHERE that says Nebraska HAS an emancipation process. Given the age of consent for sexual activity in NE is 17, you should count your lucky stars that you have not been arrested and thrown in jail! A child is loaded with DNA to convict you.

    Pursuant to section 43-2101 "Marriage ends person's minority", and marriage can occur at age 17.

    Here is the only way a minor under 17 can be married:

    Section 42-105
    Marriage of minor; conditions upon which a license may be issued.


    When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, if the parents are living separate and apart from each other; (3) the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving consent to the marriage, signed by the person authorized to give written consent under such circumstances.

    So, you will just have to wait another year unless her parents give in.

    (You might want to read up on the divorce statistics - and those for other problems - for those who marry so young.)

    - Carl
     
  12. raissaymomo

    raissaymomo Law Topic Starter New Member

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    http://www.coolnurse.com/marriage_laws.htm

    "Florida: If an individual is under 18 years of age, but older than 16 years of age, a marriage license can be obtained with parental consent. If a minor's parents are both deceased and there is not an appointed guardian, he/she may apply for a marriage license. A minor who has been previously married may also apply for a license. A minor who swears that they have a child or are expecting a baby, can apply for a license if the pregnancy has been verified by a written statement from a licensed physician.
    Georgia: If you are 16 or 17 years old, you may apply if accompanied by both parents who have given written consent. If the bride is pregnant, no parental consent is required if you submit a statement from a licensed physician certifying that the bride is pregnant.
    Maryland: Parental consent is needed if under 18 years of age. If you are between 16-18 years of age, one of your parents or guardian must be with you and provide written consent. If you are under 16 years of age, you will need both the written consent of your custodial parent or guardian and the written approval of a judge of the Orphans' Court Division of the Court of Common Pleas. If you are under 18, pregnant or have a child, and show a certificate from a licensed physician stating you are pregnant or have had a child, the parental consent requirement may be waived.
    Other situations - Pregnant Teens: Delaware, Florida, Georgia, Kentucky, Maryland and Oklahoma allow pregnant teens or teens who have already had a child to get married without parental consent. In Florida, Kentucky, and Oklahoma, the young couple must have authorization from a court. Maryland requires that the minor be at least 16. Even with parental approval, many states will require court approval when a person is 16 years of age or less."


    Some of them you still do need parental consent so i correct myself on those.

    Just because I had a child at a young age doesnt mean I should be in jail or whatever it was you said. Thats just ignorant thinking. Im taking care of my son and I provide for him and Im probably a better mother than some adults so dont judge me. Shit happens, people get pregnant, end of story.

    Thank you to those who tried to give advice.
     
  13. seniorjudge

    seniorjudge Super Moderator

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    Thanks and good luck.
     
  14. CdwJava

    CdwJava Moderator

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    Actually, I misspoke - the FATHER could be in jail because he broke the law by having relations with you.

    Nah, just the law.

    There are ways to prevent that.

    Read the laws that were previously posted and you will see that you have some time before you can legally get married.


    - Carl
     
  15. raissaymomo

    raissaymomo Law Topic Starter New Member

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    Nebraska

    § 28-319
    Statutory rape in the state of Nebraska is defined as a person age 19 or older to sexually penetrate a person under age 16


    I was 13 when i got pregnant and he was 16.

    BUT SINCE THIS ISNT WHAT THE FORUMS ABOUT HOW ABOUT WE SHUT THAT TOPIC DOWN. THANK YOU.
     
  16. CdwJava

    CdwJava Moderator

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    The bottom line remains, you cannot marry ... and if you push the issue, someone may decide to send boyfriend to jail.

    You don't have to like it. It is what it is.

    - Carl
     
  17. maryburk

    maryburk New Member

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    well I commend you for taking care of your child. Not many young mothers do. They tend to pawn the baby off on family members. However I really honestly do not think at 16 you can get married in any state without parents consent. I know in Arizona you can get emancipated, BUT only with good reason. You might want to contact a Family Lawyer in your state and ask them. They would know all the laws regarding this and the loop holes you might be able to use. That would be suggestion.
     
  18. jimmysgirl

    jimmysgirl New Member

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    a 13 yr old cannot legally consent to sex IN ANY STATE. so your bf did break the law. if you were my kid, he'd be in jail.
     
  19. jimmysgirl

    jimmysgirl New Member

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    not going to happen

    you are going to have to wait untill you are 18. you cannot marry without your parents consent. and no judge will emancipate you so that you can live with your pedophile bf( and yes, that is what he is, a pedophile, he had sex with and impregnanted you when you were not legally able to consent to sex)
     
  20. rockshow19

    rockshow19 New Member

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    I found this on a website that gave ages of states. None of them would allow marriage without parental consent under the age of 18, but I did find this interesting little tid-bit:

    Other situations - Pregnant Teens: Delaware, Florida, Georgia, Kentucky, Maryland and Oklahoma allow pregnant teens or teens who have already had a child to get married without parental consent. In Florida, Kentucky, and Oklahoma, the young couple must have authorization from a court. Maryland requires that the minor be at least 16. Even with parental approval, many states will require court approval when a person is 16 years of age or less.
     

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