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Can father sign for consent?

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What is the name of your state? Texas

I'm 21 and my fiance is 17, We have one child together and another on the way. We'd like to get married this winter, But her mother will not consent. What I'm wondering is; Can her father sign for consent even though he is not listed on her birth certificate?

Also, If He can't consent, Is there a way we can be married since we have children together?
 


LdiJ

Senior Member
What is the name of your state? Texas

I'm 21 and my fiance is 17, We have one child together and another on the way. We'd like to get married this winter, But her mother will not consent. What I'm wondering is; Can her father sign for consent even though he is not listed on her birth certificate?
NOPE

Also, If He can't consent, Is there a way we can be married since we have children together?
Sure, you can wait until she turns 18.
 

fairisfair

Senior Member
http://law.onecle.com/texas/family/2.103.html

Texas Family Code Section 2.103

COURT ORDER FOR UNDERAGE APPLICANT.
(a) A minor may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.
(b) The petition must be filed in the county where a paren tresides if a managing conservator or a guardian of the person hasnot been appointed. If a managing conservator or a guardian of theperson has been appointed, the petition must be filed in the countywhere the managing conservator or the guardian of the personresides. If no person authorized to consent to marriage for theminor resides in this state, the petition must be filed in thecounty where the minor lives.
(c) The petition must include: (1) a statement of the reasons the minor desires to marry; (2) a statement of whether each parent is living or isdead;(3) the name and residence address of each livingparent; and (4) a statement of whether a managing conservator or aguardian of the person has been appointed for the minor.(d) Process shall be served as in other civil cases on eachliving parent of the minor or, if a managing conservator or aguardian of the person has been appointed, on the managingconservator or guardian of the person. Citation may be given bypublication as in other civil cases, except that notice shall bepublished one time only.(e) The court shall appoint a guardian ad litem to representthe minor in the proceeding and to speak for or against the petitionin the manner the guardian ad litem believes to be in the bestinterest of the minor. The court shall specify a fee to be paid bythe minor for the services of the guardian ad litem. The fee shall be collected in the same manner as other costs of the proceeding.
(f) If after a hearing the court, sitting without a jury,believes marriage to be in the best interest of the minor, thecourt, by order, shall grant the minor permission to marry.Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
 

LdiJ

Senior Member
I wonder what the statutory rape laws are for TX.?...that's a 4 year age gap and odds are she wasn't 17 when the first child was born.
 

HappyHusband

Senior Member
I wonder what the statutory rape laws are for TX.?...that's a 4 year age gap and odds are she wasn't 17 when the first child was born.
The age of consent in Texas is 17, however, until the minor turns 18, she can only have sex with someone 2 years older.
 

nextwife

Senior Member
I wonder what the statutory rape laws are for TX.?...that's a 4 year age gap and odds are she wasn't 17 when the first child was born.
Well, deducting nine months, even if she WAS 17 when the child was born, the "act" could have occured well before she was 17.

So, if she's 17 and preggo with number two, how old could she possibly have been when she concieved number one?
 

LdiJ

Senior Member
Well, deducting nine months, even if she WAS 17 when the child was born, the "act" could have occured well before she was 17.

So, if she's 17 and preggo with number two, how old could she possibly have been when she concieved number one?
She could easily have been 15....and daddy would have been 19.
 

stealth2

Under the Radar Member
I still wanna know about the married chick he was dating a year ago. That's within the same timeframe as this girl and her 1 1/2 kids. What a cleancut young lad he is. A man any mother would welcome into her daughter's life. :rolleyes:
 

AHA

Senior Member
What is the name of your state? Texas

I'm 21 and my fiance is 17, We have one child together and another on the way. We'd like to get married this winter, But her mother will not consent. What I'm wondering is; Can her father sign for consent even though he is not listed on her birth certificate?

Also, If He can't consent, Is there a way we can be married since we have children together?
You should be in prison, child molester. Try to keep your dirty paws of any daughters you concieve, they're not for your intimate pleasure.
 

nextwife

Senior Member
Any adult guy who touched my baby girl at that age won't HAVE the equipment to make any more babys after that, if you get my drift....
 
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