Restraining order involving minor

[_lexx]

Jurisdiction

Arkansas

My father has put a restraining order on my boyfriend. But it's where none of my family can see him. Which my brother and mother love him and want me to be with him. My father has been abusive and harassing us but still manage to make up stories about my boyfriend. My parents are wanting a divorce, and we for sure don't want anything to do with my dad. My dad is a alcoholic, was recently suicidal, depressed and on anti-depressants. I'm a minor, I'll be 17 soon, and my boyfriend is 21, it's not a sexual relationship. My mother is agreeing to sign the marriage papers, but what happens with the restraining order? Could he still get in trouble for being in contact with me? But if I get married I'm not under my dads custody so the restraining order does not apply?

 

[army judge]

Read this:

Arkansas: Parental consent is needed if under eighteen (18) years of age. You need to present a state certified copy of your birth certificate, an active Military ID card, or a valid passport.

Your parent must be present to sign the marriage book with the applicants when the license is issued. If a parent is unable to sign, due to death, separation, divorce or other circumstances, you must produce certified papers for verification of those circumstances.

Males under the age of seventeen (17) and females under (16) cannot marry without a court order. This is usually given only in extreme circumstances, such as if the female teen is pregnant or the teenage couple already has a child together.

Now, read this:

9-11-102 Minimum age -- Parental consent

(a) Every male who has arrived at the full age of seventeen (17) years and every female who has arrived at the full age of sixteen (16) years shall be capable in law of contracting marriage.

(b) (1) However, males and females under the age of eighteen (18) years shall furnish the clerk, before the marriage license can be issued, satisfactory evidence of the consent of the parent or parents or guardian to the marriage.

(2) (A) The consent of both parents of each contracting party shall be necessary before the marriage license can be issued by the clerk unless the parents have been divorced and custody of the child has been awarded to one (1) of the parents exclusive of the other, or unless the custody of the child has been surrendered by one (1) of the parents through abandonment or desertion, in which cases the consent of the parent who has custody of the child shall be sufficient.

(B) The consent of the parent may be voided by the order of a circuit court on a showing by clear and convincing evidence that:

(i) The parent is not fit to make decisions concerning the child; and

(ii) The marriage is not in the child's best interest.

(c) There shall be a waiting period of five (5) business days for any marriage license issued under subdivision (b)(2) of this section.

(d) If a child has a pending case in the circuit court, a parent who files consent under subsection (b) of this section shall immediately notify the circuit court, all parties, and attorneys to the pending case.

In your state, Arkansas, BOTH parents must consent to your marriage.

An exception exists for divorced parents.
Your parents, however, aren't divorced.

Therefore, you can't get married unless mom and dad agree to sign.

I suggest you simply obey the existing order, slow your roll, you'll be an adult in less than 24 months.

Once you turn 18, you will be free to marry anyone you wish to marry.