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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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Want to marry a federal inmate locked up in schuylkill and

Customer Question

Want to marry a federal inmate locked up in schuylkill and in Pennsylvania they require both parties to be present he can't come so U know away we can get around this
Submitted: 1 year ago via USmarriagelaws.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Do you mean the requirement that both parties be present when getting a marriage license?

Expert:  Samuel II replied 1 year ago.

Or are you talking about the wedding ceremony itself?

Expert:  Samuel II replied 1 year ago.

Or both? Are you entirely at a stand still with the entire process?

Expert:  Samuel II replied 1 year ago.

Hello

I suggest if you view THIS LINK you can see the Code of Federal Regulations in this regard.

Expert:  Samuel II replied 1 year ago.

In part it states:

§551.11 Authority to approve a marriage.

(a) The Warden may approve the marriage of a federal inmate confined in a federal institution. This authority may not be delegated below the level of Acting Warden.

(b) The appropriate Community Corrections Manager may approve the request to marry of a federal inmate who is not confined in a federal institution (for example, a federal inmate who is in a community corrections center, in home confinement, in state custody, or in a local detention facility).

[49 FR 18385, Apr. 30, 1984, as amended at 58 FR 58248, Oct. 29, 1993]

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§551.12 Eligibility to marry.

An inmate's request to marry shall be approved provided:

(a) The inmate is legally eligible to marry;

(b) The inmate is mentally competent;

(c) The intended spouse has verified, ordinarily in writing, an intention to marry the inmate; and

(d) The marriage poses no threat to institution security or good order, or to the protection of the public.

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§551.13 Application to marry.

(a) A federal inmate confined in a Bureau institution who wants to get married shall submit a request to marry to the inmate's unit team. The unit team shall evaluate the request based on the criteria identified in §551.12. A written report of the unit team's findings, and its recommendation, shall be forwarded to the Warden for a final decision.

(b) The Warden shall notify the inmate in writing whether the inmate's request to marry is approved or disapproved. A copy of this notification shall be placed in the inmate's central file. When the Warden's decision is to disapprove the inmate's request, the notification to the inmate shall include a statement of reason(s) for that action. The Warden shall advise the inmate that the decision may be appealed through the Administrative Remedy Procedure.

(c) All expenses of the marriage (for example, a marriage license) shall be paid by the inmate, the inmate's intended spouse, the inmate's family, or other appropriate source approved by the Warden. The Warden may not permit appropriated funds to be used for an inmate marriage.

Expert:  Samuel II replied 1 year ago.

There is more as to what cause a prohibition on a marriage, etc. Once you review it, if you then have more questions in that regard, please let me know here.

Expert:  Samuel II replied 1 year ago.

In essence, the inmate must begin by filling out a request form and he can get that from his case manager or the Chaplin

Expert:  Samuel II replied 1 year ago.

As to both parities to get the marriage license, it can be done via teleconference once there is approval for a wedding by the Warden, as required.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

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