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Military Law on Parental Consent

Parental consent is a requirement for many life choices made by young people. From school functions, military decisions, and marriage, parental consent is usually the first determining factor. Below are a few of the most commonly asked questions about parental consent.

in North Carolina, can a 18 year old active duty member marry a 17 year old with parental consent?

Generally, there wouldn't be an issue with a 17 year old marrying an active duty military member as long as the 17 year olds parents are consenting to the marriage. However, you should know that the laws on marriage vary from state to state. Persons in North Carolina who wish to be married and are under the age of 18 will require parental consent. Once parental consent has been given, the persons may marry legally.

In Texas, can a 26 year old military officer date a 16 or 17 year old without parental consent?

17 years old is the age of consent in the state of Texas. However, the age of consent is 16 years old under military law. The officer could face prosecution in the state of Texas for having sexual relations with a person under the age of 17. Whether the soldier had parental consent or not, the state will usually attempt to prosecute such behavior. Once the person is 17, the soldier would no longer be committing a crime. However, if the soldier had a sexual relationship with the person before they turned 17, the stat could still seek prosecution for past misconduct.

In Kansas, is it legal for a 19 year old to marry a 17 year old civilian, if so, do military officials need to be notified?

15 years old is the minimum age that a person can get married in Kansas. A District court judge is the only person who can challenge this legislation. The judge would have to make a determination of whether or not it is in the best interest of the individual to marry at such a tender age. In order for a teen between the ages of 16-17 to marry in the state of Kansas, they need one of the following.
  • Parents’ consent or permission from a legal guardian and consent from a judge
  • Parental consent from both parents or legal guardian.
  • Permission must be obtained from a judge in the event that both parents are dead and there is no legal guardian.
As far as needing to notify the military, military law does not control marriage. The laws of the state in which the persons are married will govern the marriage.

Can a active duty soldier take their child out of the country without the parental consent of the other parent?

You should read your divorce decree and see what it says about your spouse taking your child abroad (overseas). Usually, the divorce papers will state exact conditions of the custody. If your spouse and you have not made arrangements through the divorce that allows the ex-spouse to travel with the child, it would be illegal for her to leave the country with the child, without your consent. Many states consider this conduct parental kidnapping, while other states claim that it is an interference of visitation for the other parent.

Another thing to consider is, both parents must sign in order to get a passport for a child. You may have an edge if you have never signed permission for your child's passport. Even if you have, you could argue that it was done in order to prepare a family plan for the military. You need to file a complaint of parental kidnapping to the local police department. Once you have filed charges, the military will usually assist in providing the persons location and address.

What can be done for a soldier who is going to marry a woman with joint custody and can't move more than 50 miles from the other parent, but the soldier is being stationed further than 50 miles?

Florida now has strict procedures when dealing with relocation cases. It appears that you have two options. The first option is to get the permission of everyone who has visitation rights with the child, in writing, allowing the move. If this is impossible, your next option is to file and serve a Notice of Intent to relocate.

The NIR should have a list of reasons for the move and each reason should be explained using examples. For example, healthier job market, better living conditions, closer to family, better schools, etc. The NIR also should have a revised visitation schedule. Once the NIR has been served, the other parent can determine whether to accept or deny the move.If the parent doesn't accept the move, it will be up to a judge to determine if the move will be allowed. This would be a good time for your wife to hire an attorney to assist in the legal aspects of the relocation process.

Parental consent is generally a requirement for a young person to perform a certain activity. If you have doubts about your legal eligibility and the need for parental consent, it is best to seek legal insight from experts.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11862
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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