marriage

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amyers48

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If a minor, age 16, wants to be married but her legal guardians will not sign the papers. Can the biological parents sign the papers? Even though they do not have custody.
 
No. They can't.

If your legal, custodial guardians will not sign the papers for you to marry at 16, then you're not going to marry at 16.
 
The consent needs to be signed by whomever has the legal authority to do so. In this case the "legal" guardians
 
Agree, it's the persons who have "legal custody" (your legal guardians) who need to sign.
 
Okay what about if there was a judge involved. Could he, if he felt it was necessary, bypass the consent and allow the marriage to happen?
 
The chances that a judge is going to override your parents and sign a consent order for you to marry despite their objections are between slim and none, and slim just left town.
 
You are correct shrinkmaster. It is just somethings that i do not wish to discuss. My question though. Is it possible for the judge to do so. She has very abusive parents. Not only mentally but sometimes physically. Her "father" is a raging alcoholic and refuses to get help. He has hit and pushed her to the ground. He has approached me in a physical manner while he was drunk. Her "mom" is very mentally abusive. She acts nice around others but when everyones gone she says some pretty messed up things. They have kicked her out with no where to go, where i have gone to get her otherwise she would of and has slept at a park before we were together. There are numerous things that would allow her to be remived from that house. I personally are financially capable of taking care of us and that is why were talking about marriage to get her out. And that is not the onky reason. We have been together awhile and we are very much in love with each other. So with all of that, is it possible?
 
No. If her legal guardians won't sign, she can't get married.

IF she is being abused, she needs to contact CPS/DHR/DHS.
 
amyers48 said:
Okay what about if there was a judge involved. Could he, if he felt it was necessary, bypass the consent and allow the marriage to happen?
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You're a minor. You're what the law calls a legal incompetent. No REAL judge will take note of you, as courts only recognize persons. Your guardians or parents would have to petition the court on your behalf.

But, in fewer than 24 months you'll have become competent and an adult. You'll be able to do most anything your wallet can buy. If you're still in love with him or her, you can become husband and wife, wife and wife, or husband and husband.

If any child is being abused, mistreated, neglected, malnourished, battered, or otherwise being harmed; IMMEDIATELY call "911". The police will respond investigate, then protect and serve. The police know what to do, who to contact, and will see to it that a child in danger is removed and protected.
 
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amyers48 said:
You are correct shrinkmaster. It is just somethings that i do not wish to discuss. My question though. Is it possible for the judge to do so. She has very abusive parents. Not only mentally but sometimes physically. Her "father" is a raging alcoholic and refuses to get help. He has hit and pushed her to the ground. He has approached me in a physical manner while he was drunk. Her "mom" is very mentally abusive. She acts nice around others but when everyones gone she says some pretty messed up things. They have kicked her out with no where to go, where i have gone to get her otherwise she would of and has slept at a park before we were together. There are numerous things that would allow her to be remived from that house. I personally are financially capable of taking care of us and that is why were talking about marriage to get her out. And that is not the onky reason. We have been together awhile and we are very much in love with each other. So with all of that, is it possible?
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No. A judge will not grant approval for her to marry under those circumstances. They may put her in foster care or a group home, but that is not sufficient for a judge to approve marriage over the wishes of her parents. BTW, are you aware that in your state, for a minor to marry it takes BOTH parental and judicial permission? Even if a judge were willing to do so, your state law says it takes BOTH. So if Mom isn't approving, it isn't happening.
 
amyers48 said:
My question though. Is it possible for the judge to do so.
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Sure, it is POSSIBLE, but it is also possible that I can be a successful write-in candidate for President.

Legitimate applications for emancipation in CA are granted only once in a blue moon, so the odds of a judge granting emancipation and permitting a marriage are slightly greater than nil.

She has very abusive parents. Not only mentally but sometimes physically. Her "father" is a raging alcoholic and refuses to get help. He has hit and pushed her to the ground.
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This is NOT a reason for emancipation or marriage. If she is being abused, she needs to tell someone! The police or CPS need to get involved. This may result in foster care or a parenting plan for the parents with CPS supervision, but it will NOT result in court-ordered emancipation and marriage.

They have kicked her out with no where to go, where i have gone to get her otherwise she would of and has slept at a park before we were together.
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And how old are you? (Yes, it does matter ...)

There are numerous things that would allow her to be remived from that house.
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Awesome! Then call CPS and the police and let them handle it.

I personally are financially capable of taking care of us and that is why were talking about marriage to get her out. And that is not the onky reason. We have been together awhile and we are very much in love with each other. So with all of that, is it possible?
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Not at all. No court is going to remove her from an abusive home only to place her into a position where she would be totally dependent on some other adult who intends to sleep with her!

Sorry, it just ain't gonna happen! Oh, and if you have been sleeping with her already, you've already been breaking the law.
 
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Teen Emancipation is for teens who find themselves in need not want. Example a teen through not fault of his own find shim/herself in a position of self support. The emancipation would allow the teen to sign documents and the like needed to be on his/her own. Its not meant as a means to emancipate or escape home. Here is some info on Teen Emancipation http://www.parentnook.com/teen-emancipation/ You have no legal means to accomplish the goal you seek other than wait it out
 
Cdwjava I am 19 she is 16. We have not slept with each other. We are very careful about the law and we both agreed to wait. Of course there are urges but we will not be with each other in that way until it is legal. Also thank you for your response.
 
amyers48 said:
Cdwjava I am 19 she is 16. We have not slept with each other. We are very careful about the law and we both agreed to wait. Of course there are urges but we will not be with each other in that way until it is legal. Also thank you for your response.
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You've already said far TOO much.
Your safest bet is to distance yourself.
No matter how its spun, it looks bad for you.
Some people would see what you're doing as GROOMING.
Some people MIGHT call you a SEXUAL PREDATOR.
Be careful, very, very careful.
 
The bottom line is marriage isn't going to happen. If she is being abused, she needs to contact the police or CPS.
 
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