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Can my 17 yr old sons fiancé get married? They are about to

be having a baby, so...
Can my 17 yr old sons fiancé get married? They are about to be having a baby, so would she still need a parent or guardian sign for her?
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Answered in 1 minute by:
8/30/2013
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified

Brandon M. :

Hello there.

Brandon M. :

Welcome to the chat. Can you see this?

Customer:

Yes Sir

Brandon M. :

Great. Thank you for your question.

Customer:

when will I be able to know an answer?

Brandon M. :

It's possible to marry at age 17 in Texas without parental consent, but it would have to be approved by a court first.

Brandon M. :

I would direct your attention to Texas Family Code section 2.103:

Brandon M. :

If the minor can make the case that it is in her best interest, the court has the power to order the marriage to take place.

Customer:

in other words it would be almost like emancipating her, correct?

Brandon M. :

I'm not sure that I would use that comparison. The minor doesn't have to prove self-sufficiency to get approval to marry--only that it is in her best interest. But it is similar from a procedural vantage point.

Customer:

In doing this, we would just go to the clerks office to get a license and then the clerk can tell us when to see a judge?

Customer:

Hello?? Is anyone there??

Brandon M. :

Actually, the process would start by filing a petition in the court of the county where the minor resides. The petition would need to include certain information that is specified in the link that I just provided. Once a petition is filed, the court may appoint the minor an attorney to represent her. However, getting the petition itself drafted usually requires the help of an attorney. You could try to do it yourself, but I have to be straightforward and say that most people need the help of an attorney to get the petition drafted. The good news is that the drafting of the petition isn't terribly complicated from an attorney's perspective, so it would typically take only a few hours, so the cost won't run terribly high.

Brandon M. :

I apologize if there is a slight delay. Since this isn't an oral conversation, I can only communicate as fast as my fingers allow me. Thank you for your patience.

Customer:

No apologies needed, Thank you for your help!

Brandon M. :

My pleasure. Did you have any other question?

Customer:

Is it possible to have a child taken off child support if the child has never been DNA tested? My husband has been court ordered to pay for a child that is not his, and the Attorney General never asked for anything such as divorce papers. He was already divorced from this woman for 2 years and went back and said that she needed child support and they never asked questions!! We want him OFF our backs!

Brandon M. :

How old is the child?

Customer:

He is 14 and is special needs.

Brandon M. :

How do we know that the child is not your husband's biological child?

Customer:

They had been divorced when she conceived and when she gave birth

Brandon M. :

So how did the court come to designate him as the legal father if the child was conceived and born after the divorce?

Customer:

She waited 2 yrs to even have the court add him. We have no idea!! The judge ordered the support to be done from that day on, and we pay an extra 100 a month on top of the other, for the back 2 yrs that she wasn't getting money from us.

Customer:

They never even took into consideration about the divorce.

Brandon M. :

Do we know who the biological father is?

Customer:

yes, she does

Brandon M. :

But does anyone else?

Customer:

yes she lived with him in the small town where they all lived, she met him online while she was still married to my husband and then she got the divorce, lived with other guy, got pregnant and her family didn't like him so they ran him off back to Pennsylvania I believe

Brandon M. :

I might not be asking the right question. I do apologize. Let me phrase it differently. I am not asking for the biological father's name. However, if I needed to have the biological father's name, would that be something that you could provide?

Customer:

Hmm....Im not sure, I could ask my husband if he even remembers

Customer:

I could even ask his older children if they remember, they were around him while he was living with her

Brandon M. :

The challenge here is that there are several key pieces of information missing. We don't know why your husband was designated as the legal father, we don't know the biological father's name and we may not know how to locate him. Without more information, it's not possible to determine what options might be available.

Brandon M. :

I would recommend that your husband get a copy of the case file from the courthouse and bring it to an attorney for a consultation. If you go through the county bar association, they can usually make a very low cost referral for you.

Customer:

At this point is it possible for us to get a legal DNA test done, and show child support that he is in fact NOT the father?

Brandon M. :

Maybe.

Brandon M. :

I hate to be vague, but it really does depend on that information.

Customer:

I understand, and thank you for your time to help me. I appreciate it.

Brandon M. :

Certainly. We have some limitations in this format, but I hope that I was at least able to point you in the right direction.

Brandon M. :

I wish you folks the best. Have a good evening.

Customer:

Thank you, XXXXX XXXXX wonderful weekend!

Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
Verified
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Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
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Experience: Attorney experienced in all aspects of family law

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