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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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Can I marry a 14yr old minor without her being pregnant the

Resolved Question:

Can I marry a 14yr old minor without her being pregnant the things is her mother doesn't have rights over her but her dad do but he's under investigation for child abuse so social services has her
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, you would not be able to marry anyone under 16 at all in Virginia. The minimum age for marriage in the Commonwealth of Virginia is sixteen (16) years for both the bride and groom; however, if either party is under eighteen (18), consent to the marriage must be given by the father, mother or legal guardian. This may be done in person by the parent or legal guardian before the person issuing the license or by written consent properly sworn to before a notary public. Special provisions are made in Virginia law to allow marriage for under age parties when the female is pregnant and for situations in which under age applicants have no parent or legal guardian (the court would still have to sign off on it), but the individual would still have to be at least 16 years old. That is the bare minimum age (pregnant or not) that the individual can get married.

ScottyMacEsq :

I know that this is probably not what you want to hear, but it is the law. I hope that it clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!

Customer: But according to the code of Va if minor is below 16 they can still get marry with parent consent but in this case I'm ask who would have rights over her?
Customer: Also far as special provision under the circumstances since she's under the care of social services I would have to talk to the judge even if she isn't pregnant is there still a chance?
ScottyMacEsq :

I'm sorry you feel this is bad service. According to VA Code 20-48, quote "§ 20-48. Minimum age of marriage with consent of parents.The minimum age at which persons may marry, with consent of the parent or guardian, shall be sixteen."

ScottyMacEsq :

There is a situation where it's possible if she IS pregnant that and under 16 with consent of parents she could get married.

ScottyMacEsq :

But as you said she is not pregnant.

ScottyMacEsq :

In case of pregnancy when either party is under sixteen, the clerk authorized to issue marriage licenses in the county or city wherein the female resides shall issue a proper marriage license with the consent of the parent or guardian of the person or persons under the age of sixteen only upon presentation of a doctor's certificate showing he has examined the female and that she is pregnant, or has been pregnant within the nine months previous to such examination, which certificate shall be filed by the clerk, and such marriage consummated under such circumstances shall be valid. If any such person under the age of sixteen is a ward of the Commonwealth by virtue of having been adjudicated a delinquent, dependent, or neglected child, instead of the consent of the parent or natural guardian there shall be required the consent of the judge having jurisdiction to control the custody of such person; or, if such person so adjudicated shall have been committed to the Department of Juvenile Justice or to any society, association, or institution approved by it for this purpose, such consent shall be given by some person thereto authorized by the Director of the Department of Juvenile Justice, or by the principal executive officer of such society, association, or institution, as the case may be.

ScottyMacEsq :

In short, what that means is that if BOTH parents are "absent" and she's a ward of the commonwealth, then it would need the judge's consent. This is if she's under 16 AND pregnant AND without parents.

ScottyMacEsq :

If she's under 16 and NOT pregnant, she can't get married at all.

ScottyMacEsq :

Does that clear things up?

ScottyMacEsq :

I hope that this clears things up a bit. If not, please let me know what I can do to answer your question more fully. If there's nothing else, please rate this answer as good or better so that I get credit for the time and effort that I put into it. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). Also, please rate the responsiveness, speed, etc... that I responded to your question and follow up questions, and not how "happy" you are with the actual answer. That is, please only rate me on things that I have control over (my answer) and not the actual state of the law, which I don't have control over. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer: Basically there's no way around this law except if she were pregnant no ifs ands or buts about it huh
ScottyMacEsq :

Exactly. Even if you were to try to get married, it would be void ab initio (void from the beginning). This is the only way that it will be legitimate, and if it's not done this way, it won't be.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

Customer: What about another state
Customer: She lives in va but I stay in md
ScottyMacEsq :

First of all, it would need to be a situation where you actually relocate to that state. You could not live in MD or VA and get married in either place (MD has the same law, that she can get married at 16).

ScottyMacEsq :

PA does allow someone to get married at 13 with parental consent AND judicial waiver.

ScottyMacEsq :

Both of those are required.

ScottyMacEsq :

And the court wouldn't sign off on it unless it had jurisdiction over her (that is, that she was a resident of that state).

Customer: So if I were to move to PA and we try to get marry there would it work then
ScottyMacEsq :

With parental consent or the state if the state became her ward (legal guardian), yes.

ScottyMacEsq :

AND the judge signed off on it.

Customer: Now would the prosecutor drop the cardinal knowledge charge against me if we are marry
ScottyMacEsq :

What?

Customer: Even if I had to wait till she turn 16 in va
ScottyMacEsq :

You didn't mention that earlier...

ScottyMacEsq :

That's an entirely different question.

ScottyMacEsq :

(criminal law vs family law)

ScottyMacEsq :

But that varies from prosecutor to prosecutor.

ScottyMacEsq :

Marriage is a defense, but if there was cardinal knowledge before marriage, that could still be prosecuted.

Customer: Yea I got charged with cardinal knowledge and I was trying to get marry before trial because we were already engaged before all this stuff happen
Customer: Ohhh ok
ScottyMacEsq :

Again, that's an entirely different question (we can't answer questions outside the scope, and certainly the category (family law / criminal law) of the original per JustAnswer terms of service)

ScottyMacEsq :

But in short, again, that depends on the prosecutor.

ScottyMacEsq :

Even if you were engaged, not being married would mean that it could still be prosecuted. So it would be up to the prosecutor.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 12114
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq
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Licensed Texas General Practice Attorney