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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29272
Experience:  29 years as a family law lawyer .
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My Niece is 16 years and 8 months. She is pregnant. Can she

Resolved Question:

My Niece is 16 years and 8 months. She is pregnant. Can she and her 17 year old boyfriend, cross into Nevada and get married, without parental consent?
Submitted: 3 years ago.
Category: Family Law
Expert:  RayAnswers replied 3 years ago.

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

If you are 16 or 17 years old, you must have one parent or legal guardian present. A notarized written permission is also acceptable. It must be written in English and needs to state the name, birth date, age of the minor child, along with the relationship of the person giving consent. The notary must note that the parent or guardian personally appeared before or was subscribed and sworn to.

RayAnswers :

So not legally here she needs the parent or her permission form signed by them.

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

Did you have any follow up?

Customer:

Does she need parental consent in the state of Nevada?

RayAnswers :

She does either they have to be present or have signed the notarized form.She is not of age to marry otherwise.

RayAnswers :

VALIDITY OF MARRIAGE


NRS 122.010 What constitutes marriage; no common-law marriages after March 29, 1943.


1. Marriage, so far as its validity in law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential. Consent alone will not constitute marriage; it must be followed by solemnization as authorized and provided by this chapter.


2. The provisions of subsection 1 requiring solemnization shall not invalidate any marriage contract in effect prior to March 29, 1943, to which the consent only of the parties capable in law of contracting the contract was essential.


[1:33:1861; A 1943, 279; 1943 NCL § 4050]


NRS 122.020 Persons capable of marriage; consent of parent or guardian.


1. Except as otherwise provided in this section, a male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.


2. A male and a female person who are the husband and wife of each other may be rejoined in marriage if the record of their marriage has been lost or destroyed or is otherwise unobtainable.


3. A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:


(a) Either parent; or


(b) Such person’s legal guardian.


[Part 2:33:1861; A 1867, 88; 1891, 15; 1947, 445; 1943 NCL § 4051]—(NRS A 1961, 357; 1973, 1578; 1975, 1817; 1977, 279; 1981, 678; 2009, 1503)


NRS 122.025 Marriage of persons less than 16 years of age: Consent of parent or guardian; authorization by court.


1. A person less than 16 years of age may marry only if the person has the consent of:


(a) Either parent; or


(b) Such person’s legal guardian,


Ê and such person also obtains authorization from a district court as provided in subsection 2.


2. In extraordinary circumstances, a district court may authorize the marriage of a person less than 16 years of age if the court finds that:


(a) The marriage will serve the best interests of such person; and


(b) Such person has the consent required by paragraph (a) or (b) of subsection 1.


Ê Pregnancy alone does not establish that the best interests of such person will be served by marriage, nor may pregnancy be required by a court as a condition necessary for its authorization for the marriage of such person.


(Added to NRS by 1957, 316; A 1975, 1817; 1977, 279)


NRS 122.030 Documents constituting presumptive evidence of marriage.


1. With respect to any marriage solemnized before January 1, 1971, the original certificate and records of marriage made by the judge, justice or minister, as prescribed in this chapter, and the record thereof by the recorder of the county, or a copy or abstract of the record certified by the recorder, must be received in all courts and places as presumptive evidence of the fact of the marriage.


2. With respect to any marriage solemnized on or after January 1, 1971, the original certificate and records of marriage made by the judge, justice, minister or other person authorized to solemnize a marriage, commissioner of civil marriages or deputy commissioner of civil marriages, as prescribed in this chapter, and the record thereof by the county recorder or the county clerk, as the case may be, or a copy or abstract of the record certified by the county recorder or the county clerk, as the case may be, must be received in all courts and places as presumptive evidence of the fact of the marriage.


[14:33:1861; B § 207; BH § 483; C § 494; RL § 2350; NCL § 4062]—(NRS A 1969, 763; 1991, 69; 2007, 887; 2009, 723)

RayAnswers :

Thanks for letting me provide you the information you needed here.If you can click accept it is much appreciated.

Customer:

Does the parent have to have custody of the 16 year old child? The parent does not have custody but he has all his parental rights.

RayAnswers :


Either parent here apparently can sign the affidavit.

RayAnswers :

A person at least 16 years of age but less than 18 years of age may marry only if the person has the consent of:


(a) Either parent;

RayAnswers :

She would be able to marry if either parent signs such an affidavit.

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29272
Experience: 29 years as a family law lawyer .
RayAnswers and 5 other Family Law Specialists are ready to help you

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