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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13082
Experience:  B.A.; M.B.A.; J.D.
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My daughter and her fiance applied for a marriage license.

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My daughter and her fiance applied for a marriage license. My daughter is underage, so her father signed a permission form. The license was supposed to be ready in 24 hours. Instead, the court house called and told us it would have to be approved by the attorney general. Does this sound strange?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


My daughter and her fiance applied for a marriage license. My daughter is underage, so her father signed a permission form. The license was supposed to be ready in 24 hours. Instead, the court house called and told us it would have to be approved by the attorney general. Does this sound strange?



Response: Yes, it does. There is no requirement of the Attorney General's signature in South Carolina Code of Laws Title 20, Chapter 1, Article3, see especially Sections 20-1-250 and 20-1-260. The license must be issued to them after you have signed the consent form. You may want to print a copy of the law below to give to the Court.



http://www.scstatehouse.gov/code/t20c001.php





SECTION 20-1-250. Applicants under age of consent; consent of relative or guardian.

A marriage license must not be issued when either applicant is under the age of sixteen. When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, mother, other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage.

SECTION 20-1-260. Proof of age required of minor applicant.

The probate judge or any other officer authorized by law to issue marriage licenses shall not issue any license to any applicant under the age of eighteen years until he has filed a birth certificate, or a hospital or baptismal certificate which has been issued and dated within one year after birth, or a certified copy thereof, showing that he is of lawful age, which shall be filed in the records of his office with the application for such license. Provided, when an original birth, baptismal or hospital certificate is presented a copy of it shall be made and the original returned to the applicant. If the applicant shall certify in writing to the probate judge or such officer that he, after diligent effort, is unable to obtain a birth certificate or a hospital or baptismal certificate, the applicant shall then be required to have his parents, legal guardian or person with whom he resides execute an affidavit before any person authorized by law to administer an oath and under seal, which affidavit shall contain such information as will establish the age of the applicant. Provided, further, that upon the request of the applicant, any original birth, baptismal or hospital certificate presently on file with the court may be copied and the original returned to the applicant.

Persons applying for marriage licenses in lieu of furnishing birth certificates or hospital or baptismal certificates may present the following: military service identification card; selective service identification card; passports and visas.

Customer: replied 1 year ago.

Her father's address and her address aren't the same on the application. So they want an affidavit from me (her mother) that I give permission for the marriage, and want to know who she lives with of her parents. Then they have to get it approved by the attorney general to make sure everything is right.

Expert:  Phillips Esq. replied 1 year ago.
Her father's address and her address aren't the same on the application. So they want an affidavit from me (her mother) that I give permission for the marriage, and want to know who she lives with of her parents. Then they have to get it approved by the attorney general to make sure everything is right.

Response: That properly explains the unusual requirement.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 13082
Experience: B.A.; M.B.A.; J.D.
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