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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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Can my 16 year old niece become emancipated if her and her

Customer Question

Can my 16 year old niece become emancipated if her and her boyfriend get married?
Submitted: 5 years ago.
Category: Family Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

She would normally be considered emancipated if she marries, but she cannot marry under CA law without her parent's consent typically.

If the parents are not willing to consent to the marriage, then this is normally not a reasonable option to escape abuse.

Instead, child protective services should be called to investigate. They will normally interview the child who can inform them of the instances of abuse. This could aid a family member in petition a court for guardianship of the child.

Any other documentation of abuse/neglect or witness testimony to support the petition for guardianship would be helpful since parental rights are constitutionally protected.

Good luck and take care.



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Customer: replied 5 years ago.
Ok my niece is 7 and half months pregnant
Expert:  Tina replied 5 years ago.
This does not change my answer from a legal standpoint. She must still seek parental consent to marriage because she is underage.