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-   -   Curious about underage children (https://www.askmehelpdesk.com/showthread.php?t=729461)

  • Jan 21, 2013, 08:42 PM
    lynn25244
    Curious about underage children
    If the Male is 23 and the Female is 14 and if the Mother leaves the state and gives consent to marry with the two is it legal the marriage certificate says legal and binding, so can they get in trouble there is also a baby on the way . The Female lied to the Male about the age and did not come clean until pregnant just curious. The part is from W.V and were married in S.C where you can marry at age 14 with consent .
  • Jan 21, 2013, 08:49 PM
    Alty
    W.V and S.C?

    Can you be more specific, this is an international site.
  • Jan 21, 2013, 08:57 PM
    teacherjenn4
    Quote:

    Originally Posted by Alty View Post
    W.V and S.C?

    Can you be more specific, this is an international site.

    I'm going to guess West Virginia and South Carolina.
  • Jan 21, 2013, 09:00 PM
    lynn25244
    Quote:

    Originally Posted by Alty View Post
    W.V and S.C?

    Can you be more specific, this is an international site.

    I know some people (Man and woman) who left the state of W.V and went to South Carolina, along with the girls Mother who had a paper notarized from he husband and herself before leaving the state. The Mother consented to the marriage she signed and waited 24 hours for papers or marriage license I should say, then couple was married their ages were 23 and 14 and child on the way. Im sorry I am not great at grammar.
  • Jan 21, 2013, 09:01 PM
    Alty
    Well, in South Carolina this is the law;

    Quote:

    The age of consent in South Carolina is 16 and there is no close in age exemption. It is a Class D felony for an adult to have sex with a child below the age of 16.
    The age of consent in West Virginia is also 16.

    So either way, the OP (original poster) has committed statutory rape if the 14 year old is pregnant with his child.
  • Jan 21, 2013, 09:02 PM
    lynn25244
    Quote:

    Originally Posted by teacherjenn4 View Post
    I'm going to guess West Virginia and South Carolina.

    Yes I'm sorry
  • Jan 21, 2013, 09:05 PM
    lynn25244
    Quote:

    Originally Posted by Alty View Post
    Well, in South Carolina this is the law;



    The age of consent in West Virginia is also 16.

    So either way, the OP (original poster) has committed statutory rape if the 14 year old is pregnant with his child.

    Just wondering because the S.C site says you can marry with consent at age 14
  • Jan 21, 2013, 09:05 PM
    Alty
    To marry in South Carolina, here is the law:

    If you are under 18, you will need a certified copy of your birth certificate and a notarized statement of parental consent.

    The minimum age for a female is 15 and it is 16 for a male.

    In West Virginia:

    18, 16 with parental or guardian consent. Special provisions allow marriage for underage parties when the female is pregnant and for situations in which underage applicants have no parent or legal guardian.
  • Jan 21, 2013, 09:06 PM
    Alty
    Quote:

    Originally Posted by lynn25244 View Post
    Just wondering because the S.C site says you can marry with consent at age 14

    Really? That's not what I found. What site did you look at?
  • Jan 21, 2013, 09:11 PM
    lynn25244
    Quote:

    Originally Posted by Alty View Post
    Really? That's not what I found. What site did you look at?

    Marriage laws in South Carolina. I did not get on here to ruffle feathers I just ask a question because I was curious and the couple had birth certificates, social security cards and were married by a Justice of Peace.
  • Jan 21, 2013, 09:13 PM
    Alty
    Quote:

    Originally Posted by lynn25244 View Post
    Marriage laws in South Carolina. I did not get on here to ruffle feathers I just ask a question because I was curious and the couple had birth certificates, social security cards and were married by a Justice of Peace.

    You're not ruffling any feathers. I simply asked what site you went to, because you stated that in South Carolina you can marry at 14 with consent, and that's not what I found.
  • Jan 21, 2013, 09:16 PM
    Alty
    http://www.google.ca/url?sa=t&rct=j&...82VEfZK7rxokfw

    You should read this, particularly this section;

    Quote:

    SECTION 20-1-100. Minimum ages for valid marriage.

    Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.
  • Jan 21, 2013, 09:16 PM
    lynn25244
    Quote:

    Originally Posted by Alty View Post
    You're not ruffling any feathers. I simply asked what site you went to, because you stated that in South Carolina you can marry at 14 with consent, and that's not what I found.

    Go back to the site marriage laws in South Carolina and read down to where it talks about being under the age of 18 and it looks to me if it was illegal they would have been turned down or arrested.
  • Jan 21, 2013, 09:16 PM
    teacherjenn4
    Quote:

    Originally Posted by lynn25244 View Post
    Just wondering because the S.C site says you can marry with consent at age 14

    It looks like there was an amendment passed in 2008 that changed it to 16.
  • Jan 21, 2013, 09:18 PM
    Alty
    Quote:

    Originally Posted by lynn25244 View Post
    Go back to the site marriage laws in south carolina and read down to where it talks about being under the age of 18 and it looks to me if it was illegal they would have been turned down or arrested.

    I urge you to look at the actual law.

    http://www.google.ca/url?sa=t&rct=j&...82VEfZK7rxokfw


    SECTION 20-1-100. Minimum ages for valid marriage.

    Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.
  • Jan 21, 2013, 09:19 PM
    Wondergirl
    SECTION 20-1-100. Minimum ages for valid marriage.

    Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.

    HISTORY: 1997 Act No. 95, Section 1, eff June 11, 1997; 2000 Act No. 397, Section 1, eff August 17, 2000.

    South Carolina Legislature Mobile
  • Jan 21, 2013, 09:20 PM
    lynn25244
    Quote:

    Originally Posted by Wondergirl View Post
    SECTION 20-1-100. Minimum ages for valid marriage.

    Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.

    HISTORY: 1997 Act No. 95, Section 1, eff June 11, 1997; 2000 Act No. 397, Section 1, eff August 17, 2000.

    South Carolina Legislature Mobile

    So how is it I'm wondering they went and waited 24 hours and got married with Mother of bride at her side.
  • Jan 21, 2013, 09:21 PM
    Wondergirl
    Who married them?
  • Jan 21, 2013, 09:22 PM
    Alty
    Quote:

    Originally Posted by lynn25244 View Post
    So how is it im wondering they went and waited 24 hours and got married with Mother of bride at her side.

    Don't know. You'd have to ask the justice of the peace, and the parties involved. My guess would be they lied about her age, or faked documents, or just had a ceremony.

    The way I'm reading it, they can have a ceremony, it's just not legal until she's 16. So they had a ceremony, but they're not legally married.
  • Jan 21, 2013, 09:25 PM
    lynn25244
    Quote:

    Originally Posted by Alty View Post
    Don't know. You'd have to ask the justice of the peace, and the parties involved. My guess would be they lied about her age, or faked documents, or just had a ceremony.

    The way I'm reading it, they can have a ceremony, it's just not legal until she's 16. So they had a ceremony, but they're not legally married.

    No not fake. I saw the real documents legal and binding. I saw the documents with my own eyes.
  • Jan 21, 2013, 09:29 PM
    lynn25244
    Quote:

    Originally Posted by lynn25244 View Post
    No not fake. I saw the real documents legal and binding. I saw the documents with my own eyes.

    seal on document marriage license and all.
  • Jan 21, 2013, 09:36 PM
    lynn25244
    Quote:

    Originally Posted by lynn25244 View Post
    seal on document marriage license and all.

    The baby's Mother took proof of pregnancy and showed it to the people there while applying for license.
  • Jan 22, 2013, 04:31 AM
    ScottGem
    Quote:

    Originally Posted by lynn25244 View Post
    The babys Mother took proof of pregnancy and showed it to the people there while applying for license.

    I can't find anything in SC law that would allow a marriage or even a marriage license for someone under 16. Even with proof of pregnancy.

    What is your concern in this? If the state of SC issued the certificate it could be invalid and the marriage annulled.

    Without use seeing the documents or talking to the JP who performed the marriage, we can't tell you why it happened. We can only review the law and report what the law says.
  • Jan 22, 2013, 08:48 AM
    Fr_Chuck
    I can not see where the marriage can be valid, if there was any false documents given.
    Also it may appear that the clerk was in error of giving the license.
    * including the entire issue of minor leaving state to be married, which is another problem.

    My feelings is that this marriage could be challenged on several grounds, Also the sex and pregnancy happened prior to marriage, so the act of statutory rape still happened before there was any marriage protection.

    So the marriage gives the man no protection, and I suspect the marriage could be challenged if someone wanted to
  • Jan 22, 2013, 10:03 AM
    ScottGem
    Clearly this marriage was to protect the 23 yr old for a statutory rape charge. Whether it worked depends on whether someone, including a prosecutor wants to press charges.
  • Jan 22, 2013, 11:49 AM
    AK lawyer
    Quote:

    Originally Posted by Alty;
    To marry in South Carolina, here is the law:

    If you are under 18, you will need a certified copy of your birth certificate and a notarized statement of parental consent.

    The minimum age for a female is 15 and it is 16 for a male.

    ...

    "SECTION 20-1-100 Minimum ages for valid marriage.

    Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio. "

    CHAPTER 1 - MARRIAGE - South Carolina Statutes
    It appears that the marriage in SC was void.

    As Fr_Chuck points out, even if the marriage were effective, if the conception happened before marriage, the man is probably guilty of statutory rape. One would have to know which state it was in which the sex took place to be sure.
  • Jan 22, 2013, 12:11 PM
    dontknownuthin
    Quote:

    Originally Posted by lynn25244 View Post
    No not fake. I saw the real documents legal and binding. I saw the documents with my own eyes.

    Well, if she's truly under 16, the documents are not valid and binding. They might exist and say that, but if someone improperly married an underage girl, the marriage is not valid. The man is guilty of statutory rape. If you know these people, please report this to the authorities - this girl needs to get into foster care and away from the crazy adults in her life.
  • Jan 22, 2013, 02:10 PM
    lynn25244
    Find Anyone
    Anywhere!


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    South Carolina
    Wedding Officiants


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    Marriage Laws U.S. SC South Carolina Wedding Officiants

    South Carolina laws concerning marriage provisions

    Marriage license requirements in the state of South Carolina, here is what you need to bring with you, and what you need to know about the South Carolina marriage laws before applying for the South Carolina marriage license application.



    Local South Carolina Officiants for your wedding or vow renewal ceremony. Submit one form to local South Carolina officiants. You choose the best SC Wedding Officiant.

    Ask a Lawyer Online Now! 24 Lawyers Are Online. Ask a Question, Get an Answer ASAP.



    Marriage License in South Carolina
    ID Requirement:

    Drivers License and Social Security number.

    Residency Requirement:
    Do not have to be a resident of South Carolina.

    If previously married:
    No proof of divorce is required.

    Application Requirement:
    Both parties to a marriage should appear in person at the office of a South Carolina County Probate Judge and file a written application. This application asks for the full name, social security number, age, and place of residence of both the bride and the groom. It is a sworn statement that must be signed by both the bride and the groom and notarized in the office of the Probate Judge.

    Fees:
    The fee for a South Carolina marriage license application varies depending on county. Some locales charge $50 cash for all county residents, $75 cash for state residents, and $100 cash or money order for out-of-state residents and all others.

    Waiting Period:
    There is a 24-hour waiting period after the application is filed before the license can be picked up and the marriage can take place. If you want to get married on a weekend, make sure you apply for a marriage license by Thursday so you can pick up your license by Friday.

    Blood Tests:
    No blood test or physical exam is required.

    Under 18:
    If you are under the age of 18, parental consent can be granted for boys who are at least 16 years old and for girls who are at least 14 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.

    If you are 18 years old or older, you do not need parental consent. But you must provide proof of your age (or simply identification if you're over age 25) by presenting one of the following:

    Valid driver's license;

    Original birth certificate or a certified copy of your birth certificate;

    Valid South Carolina identification card issued by the South Carolina Department of Public Safety;

    Current military identification card;

    Current passport.


    Name Change:
    Getting a marriage license with your new name on it does not mean your name has automatically changed. If you need to change your last name, you can use an online marriage name change kit.

    Proxy Marriages:
    No. Both parties must be present.

    Common Law Marriage:
    Yes, and both parties must be at least 16 years of age to marry.

    Cousin Marriage:
    Yes. First cousin.

    Same Sex Marriage:
    No.

    Officiants:
    Ministers of the gospel who are authorized to administer oaths in this state may perform marriages. Ministers must complete the marriage license and give one copy to the parties and the other two must be returned to the county judge of probate who issued it within 15 days after the marriage. Members of the Notary Public can also perform marriages in South Carolina.

    Valid:

    There is no expiration date for a South Carolina marriage license.
    The license can only be used within the State of South Carolina.



    Copy of Certificate of Marriage:
    Office of Public Health Statistics and Information Systems
    South Carolina Department of Health and Environmental Control
    2600 Bull Street
    Columbia, SC 29201
    Phone: (803) 898-3630

    Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.

    To notify us of corrections or additions send an email to [email protected]. Please include the state and county information.

    Ask a Lawyer Online Now! 24 Lawyers Are Online. Ask a Question, Get an Answer ASAP.




    South Carolina Clerk's Office


    Abbeville County
    Abbeville, SC
    864.459.4023

    Aiken
  • Jan 22, 2013, 02:13 PM
    ScottGem
    Where did you get that from? It clearly goes against SC law. It looks like it is from a site that offers a compilation of state laws, but they don't guarantee accuracy. And as several of us have noted the law is VERY clear.
  • Jan 22, 2013, 02:21 PM
    cdad
    That site has old information on it. The laws have been updated.

    South Carolina Marriage Consent Laws
    •With Parental Consent: 16 and 17 year-olds can marry in South Carolina only with the consent of a parent.

    South Carolina Marriage


    •If you are under the age of 18, parental consent can be granted for boys and girls who are at least 16 years old. All minor applicants must file an original birth certificate or a certified copy of their birth certificate, which becomes a part of their permanent application record. The parent or legal guardian of a minor applicant must appear at the same time as the minor to present identification and sign a form consenting to the marriage.

    South Carolina SC - How to Apply for a Marriage License
  • Jan 22, 2013, 02:22 PM
    cdad
    Quote:

    Originally Posted by ScottGem View Post
    Where did you get that from? It clearly goes against SC law. It looks like it is from a site that offers a compilation of state laws, but they don't guarantee accuracy. And as several of us have noted the law is VERY clear.

    They got it from here:

    South Carolina Marriage License Laws > SC Wedding Officiants
  • Jan 22, 2013, 02:33 PM
    ScottGem
    I would suggest sending them a link to to the law we have cited to the e-mail address they list.
  • Jan 22, 2013, 02:53 PM
    lynn25244
    Im sorry I forgot to say that I found this site I don't know where they saw or town or anything like that, but yes I do agree it is sad. Why do girls lie about age though and boy gets the bad end.
  • Jan 22, 2013, 03:33 PM
    Alty
    Quote:

    Originally Posted by lynn25244 View Post
    Im sorry I forgot to say that I found this site I dont know where they saw or town or anything like that, but yes I do agree it is sad. Why do girls lie about age though and boy gets the bad end.

    Yes, the boy does get the short end of the stick, but I do have to say, I have yet to see a 14 year old that could pass for an 18 year old. So either way, the 23 year old should have known better.

    No matter what, the girl is 14, she can't marry even with parental consent, and the fact that she's pregnant with this mans child, is statutory rape. Also, the marriage isn't a legal marriage.

    How are you involved in this? Are you the 14 year old girl, the 23 year old boy, or just a friend or relative?
  • Jan 22, 2013, 05:57 PM
    ScottGem
    So you think this 23 yr old didn't realize the 14 yr old was underage? I find it hard to buy that. Frankly no one should be having sex with someone they don't know that well.

    But we are still curious where you fit into this.

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