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#1
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After five months of research, still have no answersWhat is the name of your state? California I'm a sixteen year old female, engaged and possibly pregnant, and i'm trying to find out where I can be married because of some special circumstances. I was abandoned by my father in 1986, and a little over a year ago, my mother as well. Since then, i've lived with a friend and her family who have been gracious enough to take care of me as if I were their own child, but they've never taken legal action to become my guardians because of their financial situation. We're willing to travel to get married, I just want to start my life with my fiance, we'd like to be married in Hawaii, but like every other state, without consent I have to be eighteen. Though i'm often told I should just wait until i'm eighteen to make it easier on myself and my fiance, he and I want to live together, we want to raise a family together, and we can't until i'm emancipated. Any advice anyone can offer would be greatly appreciated. Thanks for taking the time to read this, Stephanie |
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#2
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| Why aren't you living with him now? KAT |
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#3
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16 year old, wanting to marryI believe that if you are pregnant and have proof such as a positive pregnancy test and supporting documentation from a qualified MD, you can marry without parental consent. You can in the four states in which I have any knowledge of their laws on this. Just nosy questions--how could you afford to go to Hawaii to be married? do you have family there or something? |
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#4
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| Out of curiosity, and necessity ;-), what four states might that be? My fiance and I both work, so getting to Hawaii wont be a problem. Financially, we'll be fine, but in order to start our lives together, I need to be emancipated. |
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#5
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| My response: "Emancipated" minors under Ca Fam § 7000 et seq.: Under the Emancipation of Minors Law (Ca Fam § 7000 et seq.), an "emancipated minor" is a person under age 18 who either: • has entered into a valid marriage (even if the marriage is subsequently dissolved); or • is in active military service; or • has received a judicial declaration of emancipation pursuant to Ca Fam § 7122. [Ca Fam § 7002(a),(b) & (c); see Marriage of Utigard (1981) 126 Cal.App.3d 133, 144-145, 178 Cal.Rptr. 546, 551-552 (distinguishing military enlistment from military service)] • pregnancy has nothing to do with emancipation. Treated as adults for support purposes: Minor children "emancipated" pursuant to § 7000 et seq. are considered as being over the age of majority (18 years of age) for purposes of a statutory right to support from their parents. Consequently, a child support order automatically terminates upon such emancipation even though that contingency is not expressly stated in the order (unless and until a court declaration of emancipation is rescinded). [Ca Fam § 7050(a)] See [url]http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=76833017520+0+0+0&WAISaction=retrieve[/url] and [url]http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=76841418044+8+0+0&WAISaction=retrieve[/url] IAAL Last edited by I AM ALWAYS LIABLE; 07-15-2002 at 06:36 PM. |
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#6
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| I did not mean to imply or have anyone infer that pregnancy equaled emancipation. In GA, SC, NC, and VA (unless the laws have changed), a pregnant female under the age of 18 can legally wed without parental consent. I was simply trying to say that in California (which 'we' know is really an alien nation), perhaps she has no problem of needing to be emancipated in order to wed. I humble bow to the great one... |
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#7
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Re: 16 year old, wanting to marryQuote:
Ellencee, it's just that I wanted our writer, and our other readers, to know exactly what California law is for our writer. I know that you didn't mean that what you were saying was "gospel" - - but, at the same time, I didn't want any confusion to occur. As for the above statement, and since our writer is asking about California law, pregnancy under the age of 18 does not qualify, or allow, any California, minor, female to be married under current California law. Just keeping things straight, and unambiguous - - that's all. IAAL |
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#8
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| Thanks for responding. I'm going to try to get my pregnancy confirmed this afternoon. If I am, i'll look into the states you've mentioned. I know I can in Florida. . .wish me luck Stephanie |
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#9
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| Quote:
Before heading off to Florida, I think you should read this, and then go to the site, below: "Under 18: 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 parent has sole custody or the other parent is dead, the permission of one parent is sufficient. If a person is under the age of 16, the marriage license has to be issued by a county judge, with or without parental permission. 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 verfied by a written statement from a licensed physician. A county court judge may at his/her discretion issue or not issue a license for them to marry." Source: [url]http://www.weddinglicenses.com/search/license/florida.html[/url] IAAL |
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