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reed1

Junior Member
What is the name of your state? MO

A friend of mine has a 16 year old daughter who has a relationship with a 25 year old and DFS found out about it and took custody of the girl and both party's are wanting to get married what would they have to do to get married. Can she get emancipated?
Also does DFS have any rights to her if she does get emancipated.
 
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Silverplum

Senior Member
What is the name of your state? MO

A friend of mine has a 16 year old daughter who has a relationship with a 25 year old and DFS found out about it and took custody of the girl and both party's are wanting to get married what would they have to do to get married. Can she get emancipated?
Also does DFS have any rights to her if she does get emancipated.
A "friend," with a daughter, huh? :rolleyes:
 

fairisfair

Senior Member
you wouldn't happen to be 25 would you? or 16?

I seriously doubt that this girls mother asked you to come here to find out information to emancipate her daughter. :rolleyes:

Ah, Silver, we have become so jaded. ;) :D
 

Just Blue

Senior Member
But we're RIGHT. ;)

And I'm voting for 16. :p
Mine makes 2 votes!;)


Hey Reed! A court isn't going to emancipate you so that you can marry your pedophile boyfriend! Besides....he will be in prison for a long while making new "friends" and learning to answer to the name "bitch".....:cool:
 

GatorLaw

Member
How do the parents of the 16 year old girl feel about her marrying the 25 year old? Some states allow children under 18 to marry with parental consent.
 

Silverplum

Senior Member
How do the parents of the 16 year old girl feel about her marrying the 25 year old? Some states allow children under 18 to marry with parental consent.
"Some states," huh? WHICH states? How about the only one listed in this post, MO?

If you make such a statement, I'm gonna be looking for your legal citation link, from the OP's state. Or quit making statements. Your choice.
 

GatorLaw

Member
"Some states," huh? WHICH states? How about the only one listed in this post, MO?

If you make such a statement, I'm gonna be looking for your legal citation link, from the OP's state. Or quit making statements. Your choice.
Sorry, I should have jumped on the OP by calling him/her a pedophile instead like the rest of the pack. Please accept my apology.

A quick search landed me

52 Am. Jur. 2d Marriage § 17

§ 17. Consent of parent or guardian

The public policy of some states is to discourage early marriage,[FN1] or to demand that the parents of minors consent to their assuming the responsibilities of matrimony.[FN2] Thus, statutory provisions in some jurisdictions require persons under a specified age to obtain the consent of parents to marry.[FN3]

It has been held that a marriage by an underage child without parental consent is voidable,[FN4] and that the marriage of one between legal age and the age under which parental consent is required, who has not obtained such consent, is generally valid,[FN5] except where a statute either expressly denies such validity or provides that without parental consent the minor is unable to give his or her own consent to the marriage,[FN6] However, there is also some authority for the view that a marriage contract entered into by a minor without the assistance of both parents is null.[FN7] Marriages by minors entered into without consent may be held to be valid even though parental consent has been obtained by fraud, such as by fraudulent misrepresentations that the parties were old enough to marry without parental consent,[FN8] or by deceiving the parents so as to obtain their consent.[FN9]

I do admit though I was vague in my response only because I was having a late lunch and didn't want to put the leg work into finding the specific state information. But looking a bit further...

451.090. Issuance of license prohibited, when--parental consent, when required


1. No recorder shall, in any event except as herein provided, issue a license authorizing the marriage of any person under fifteen years of age; provided, however, that such license may be issued on order of a circuit or associate circuit judge of the county in which the license is applied for, such license being issued only for good cause shown and by reason of such unusual conditions as to make such marriage advisable.


2. No recorder shall issue a license authorizing the marriage of any male under the age of eighteen years or of any female under the age of eighteen years, except with the consent of his or her custodial parent or guardian, which consent shall be given at the time, in writing, stating the residence of the person giving such consent, signed and sworn to before an officer authorized to administer oaths.


3. The recorder shall state in every license whether the parties applying for same, one or either or both of them, are of age, or whether the male is under the age of eighteen years or the female under the age of eighteen years, and if the male is under the age of eighteen years or the female is under the age of eighteen years, the name of the custodial parent or guardian consenting to such marriage.
 
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Silverplum

Senior Member
Sorry, I should have jumped on the OP by calling him/her a pedophile instead like the rest of the pack. Please accept my apology.
I don't. :rolleyes:

GatorLaw said:
A quick search landed me....
How fun to do a "quick search." And I see nothing, thus far, that says, "Missouri."

GatorLaw said:
52 Am. Jur. 2d Marriage § 17

§ 17. Consent of parent or guardian

The public policy of some states is to discourage early marriage,[FN1] or to demand that the parents of minors consent to their assuming the responsibilities of matrimony.[FN2] Thus, statutory provisions in some jurisdictions require persons under a specified age to obtain the consent of parents to marry.[FN3]

It has been held that a marriage by an underage child without parental consent is voidable,[FN4] and that the marriage of one between legal age and the age under which parental consent is required, who has not obtained such consent, is generally valid,[FN5] except where a statute either expressly denies such validity or provides that without parental consent the minor is unable to give his or her own consent to the marriage,[FN6] However, there is also some authority for the view that a marriage contract entered into by a minor without the assistance of both parents is null.[FN7] Marriages by minors entered into without consent may be held to be valid even though parental consent has been obtained by fraud, such as by fraudulent misrepresentations that the parties were old enough to marry without parental consent,[FN8] or by deceiving the parents so as to obtain their consent.[FN9]
GatorLaw said:
I do admit though I was vague in my response only because I was having a late lunch and didn't want to put the leg work into finding the specific state information.
Are we now looking at actual MO law? Because there's still no link...and I ain't doing the searching. Nor am I the one making statements.

GatorLaw said:
But looking a bit further...

51.090. Issuance of license prohibited, when--parental consent, when required


1. No recorder shall, in any event except as herein provided, issue a license authorizing the marriage of any person under fifteen years of age; provided, however, that such license may be issued on order of a circuit or associate circuit judge of the county in which the license is applied for, such license being issued only for good cause shown and by reason of such unusual conditions as to make such marriage advisable.


2. No recorder shall issue a license authorizing the marriage of any male under the age of eighteen years or of any female under the age of eighteen years, except with the consent of his or her custodial parent or guardian, which consent shall be given at the time, in writing, stating the residence of the person giving such consent, signed and sworn to before an officer authorized to administer oaths.


3. The recorder shall state in every license whether the parties applying for same, one or either or both of them, are of age, or whether the male is under the age of eighteen years or the female under the age of eighteen years, and if the male is under the age of eighteen years or the female is under the age of eighteen years, the name of the custodial parent or guardian consenting to such marriage.
So, IF this is MO law, then your original point was wrong. OP can NOT marry without parental consent.
 

GatorLaw

Member
My original post with emphasis added:

How do the parents of the 16 year old girl feel about her marrying the 25 year old? Some states allow children under 18 to marry with parental consent.

This is Missouri law. My copy paste left off a digit, it is Section 451.090. Available for viewing at http://www.moga.mo.gov/statutes/C400-499/4510000090.HTM

I sincerely do apologize for the comment about you jumping on the OP. While this is a touchy subject and I understand that people have strong feelings about protecting children from predators, these comments provide nothing for the OP. Marriage is an alternative to emancipation that the OP could consider.
 

Just Blue

Senior Member
My original post with emphasis added:

How do the parents of the 16 year old girl feel about her marrying the 25 year old? Some states allow children under 18 to marry with parental consent.

This is Missouri law. My copy paste left off a digit, it is Section 451.090. Available for viewing at http://www.moga.mo.gov/statutes/C400-499/4510000090.HTM

I sincerely do apologize for the comment about you jumping on the OP. While this is a touchy subject and I understand that people have strong feelings about protecting children from predators, these comments provide nothing for the OP. Marriage is an alternative to emancipation that the OP could consider.
Considering that the Dept of Family Services has taken the child AWAY from her parents for allowing this relationship, I don't think the parents have the ability or authority to legally give their consent to a marriage!:rolleyes:
 

fairisfair

Senior Member
Baloney Gatorlaw, that first cut and paste was from Connecticut. YOU might consider marriage an alternative to emancipation for your 16 year old daughter involved with a 25 year old man. We here, DO NOT.
 

Bretagne

Member
Oh come on guys...what if the dude's emotionalage is 16 too? Then it's all good, right? ;) Especially if she's pregant. :eek:

If the parents' parental rights to the girl have been terminated, then the 25 year old should prepare for prison.

451.090 is the right site for Missouri 's law. Looks to me like she can marry at 15 with parental consent. I'm not being a proponent of any thing here. Ish. I'm just answering the question.

I'm originally from a pretty rural area, and you'd be surprised how many teens or tweens end up married off to geezers, still today. Yuck, but it's a cultural phenomenon.

Also, just got done reading "Under the Banner of Heaven" by Jon Krakauer. The knowledge that it is non-fiction gave me nightmares.
 

fairisfair

Senior Member
Oh come on guys...what if the dude's emotionalage is 16 too? Then it's all good, right? ;) Especially if she's pregant. :eek:

If the parents' parental rights to the girl have been terminated, then the 25 year old should prepare for prison.

451.090 is the right site for Missouri 's law. Looks to me like she can marry at 15 with parental consent. I'm not being a proponent of any thing here. Ish. I'm just answering the question.I'm originally from a pretty rural area, and you'd be surprised how many teens or tweens end up married off to geezers, still today. Yuck, but it's a cultural phenomenon.

Also, just got done reading "Under the Banner of Heaven" by Jon Krakauer. The knowledge that it is non-fiction gave me nightmares.
It is now, his first post was from Connecticut.

and I don't care if the 25 year old is emotionally 12, he is legally 25.

Oh, go ahead Bret take a stand, that fence gets uncomfortable every now and then, I know. LOL ;) :D
 

Just Blue

Senior Member
Oh come on guys...what if the dude's emotionalage is 16 too? Then it's all good, right? ;) Especially if she's pregant. :eek:

If the parents' parental rights to the girl have been terminated, then the 25 year old should prepare for prison.

451.090 is the right site for Missouri 's law. Looks to me like she can marry at 15 with parental consent. I'm not being a proponent of any thing here. Ish. I'm just answering the question.

I'm originally from a pretty rural area, and you'd be surprised how many teens or tweens end up married off to geezers, still today. Yuck, but it's a cultural phenomenon.

Also, just got done reading "Under the Banner of Heaven" by Jon Krakauer. The knowledge that it is non-fiction gave me nightmares.

Is that about the Virgins waiting in Paradise for "Martyrs"?:(
 

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