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Emancipation

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Tia Walker

Junior Member
What is the name of your state (only U.S. law)? Alabama

My daughter is 18 & she just got married. She still is in high school. She tried to enroll in the high school where she is living, however the school told her that her aunt was still legally responsible for her till the age of 19, even though she is married. Since she got married shouldn't she be emancipated?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Alabama

My daughter is 18 & she just got married. She still is in high school. She tried to enroll in the high school where she is living, however the school told her that her aunt was still legally responsible for her till the age of 19, even though she is married. Since she got married shouldn't she be emancipated?

Not in Alabama. There are only 3 reasons that the court will allow emancipation - and marriage is not one of them:
Alabama Emancipation Law - YRN
 

TheGeekess

Keeper of the Kraken
Have your daughter call the local Board of Ed and see what their policy is on married students.

Section 30-1-4
Minimum age for contracting marriage.

A person under the age of 16 years is incapable of contracting marriage.
(Code 1852, §1944; Code 1867, §2333; Code 1876, §2672; Code 1886, §2309; Code 1896, §2839; Code 1907, §4879; Code 1923, §8993; Code 1940, T. 34, §4; Act 2003-150, p. 454, §1.)
Section 30-1-4

Section 30-1-5
Consent of parents and bond required for marriage of certain minors.

If the person intending to marry is at least 16 years of age and under 18 years of age and has not had a former wife or husband, the judge of probate shall require the consent of the parents or guardians of the minor to the marriage, to be given either personally or in writing, and, if the latter, the execution thereof shall be proved. The judge of probate shall also require a bond to be executed in the penal sum of two hundred dollars ($200), payable to the State of Alabama, with condition to be void if there is no lawful cause why such marriage should not be celebrated.
(Code 1852, §1950; Code 1867, §2339; Code 1876, §2678; Code 1886, §2315; Code 1896, §2845; Code 1907, §4885; Code 1923, §8999; Code 1940, T. 34, §10; Act 2003-150, p. 454, §1.)
Section 30-1-5


Section 26-1-1
Age of majority designated as 19 years.

(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.

(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.

(c) All laws or parts of laws which read "under the age of 21 years" hereafter shall read "under the age of 19 years." Wherever the words "under the age of 21 years" appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.

(d) Notwithstanding the provisions of subsection (c) of this section, nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15 of this code.
(Acts 1975, No. 77.)
Section 26-1-1
 
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