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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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A pregnant sixteen year old and her boyfriend want to get married

Resolved Question:

A pregnant sixteen year old and her boyfriend want to get married so they can move to another state where he has a job. I have been told that in New Mexico that she has to have a court order to get married. Her father is in prison and her mother abandoned her as an infant. Her Grandfather has guardianship over her. Shouldn't the Grandfather be able to sign the marriage certificate to give permission and not have to get a court order?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
Does the grandfather have court ordered legal guardianship?
Customer: replied 4 years ago.
My understanding, it is a notarized document from the father giving power of attorney for her.
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - That is not a legal guardianship and the grandfather cannot consent to a marriage using that power of attorney. It can be used for some general things like emergency health care or possibly school enrollment but it is not a legal guardianship and cannot be used for a marriage consent.The child will need a court order to be able to marry in NM or the grandfather will have to apply to the probate court for a legal guardianship.
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