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Im 17 and I want to get married although my mom won't give consent. Im emancipated and living on my own so I want to know if you think ill get in trouble for forging a notarized form to get married do you know if they contact the parent or look into the form and see if it's legit?
They don't have to contact her. If she ever finds out you're married, the truth will come out.
And yes, big trouble.
If you are truly emancipated then you shouldn't need your parents permission.
Of course it really depends on where you are located.
Emancipation is a legal process. It states that the emancipated person is legally an adult and can enter into contracts, etc. So if you are legally emancipated, then you simply show the court order to the clerk when you apply for the license. You would not need parental consent.
If you are not legally emancipated, then forging a parents signature (which probably wouldn't work since they would probably need to sign in person) would void the marriage.
I've been on my own since the age of 16.I still had to get my moms ok(and signiture)before I married at age 17.I fought tooth and nail to marry this guy!I paid for my divorce at age 19 after being cheated on(in public) and horribly abused.Please, protect yourself!good-luck.
Were you LEGALLY emancipated? How do you define being on your own? Unless legally emancipated you couldn't sign a lease, for example. If you were legally emancipated you shouldn't have needed parental consent.Quote:
Originally Posted by tinytiger
And fighting to marry at 17 only to be divorced at 19 shows why its difficult to get emancipated and why children should need parental consent to marry.
Some states don't recognize emancipation, but do have some rights that are afforded to minors who are de facto emancipated. Though, the above is all good direction, see if there exists a court process to become emanciated by law (assuming you are not). Though, if you are 17 likely you will turn 18 prior to a resolution of that process.
Why the rush? Is a 3,6, or 9 month engagement to long to wait?
I am not aware of any State which does not recognize/allow emancipation. Which States are you referencing?
As has been said, if a minor is LEGALLY emancipated he/she is in full control of his/her life, and that includes entering into a valid marriage.
Forgery is forgery, no matter the reason, and it is a crime.
I am aware that some states do not have laws allowing for emancipation. I don't recall which offhand. But I believe all will recognize emancipation if granted in another state that does have laws establishing it.
Actually many states do have a revocation claus in the emancipation part of their laws. Remember that as part of emancipation you must stand alone. Some things like marriage still require a parent to sign off.
(direct quote from the site)
Comparisons between Emancipated Minors and Adults
If a minor becomes emancipated, he or she is entitled to make almost all of his or her own medical, dental or psychiatric care decisions. He or she may enter into a contract, sue someone else and be sued in his or her own name, make a will, buy or sell property, and apply for a work permit without needing parental consent. The emancipated minor must take care of his or her own financial affairs and prove he or she has the ability to support himself or herself. The emancipated minor is still obligated to attend school and still cannot marry without parental consent.
Emancipation of Minors - All US States
That makes little sense. I can understand if an emancipated minor need to stay emancipated for a period, but if a court says they can make their own decisions why not the decision to marry?
But if that's the law where the OP is then either get a parent to sign or wait until they are 18. Since she is 17 it can't be long.
My guess at this point would be the same as the advice we always give. Inorder to be emancipated you must "stand alone". In a marriage you wouldn't be doing that therefore it is against the rules of emancipation. Just like it could be revoked if you became dependent on the state.Quote:
Originally Posted by ScottGem
If you fake or do fraud to get a marriage license, the license itself can be declared invalid. Also criminal charges could be bought against anyone that is involved
Massachusetts for one, while certain things gain legal rights there is no court ordered emancipation here.Quote:
Originally Posted by JudyKayTee
If such emancipation led to a valid marriage. Then, the marriage would be recognized certainly. The ability of a 16 year old to enter into a binding contract (negating the minors ability to use infancy as a defense) I doubt.Quote:
Originally Posted by ScottGem
Nope!Quote:
Originally Posted by adthern
Massachusetts does not have a formal procedure for emancipation. It does not mean there is no emancipation in Massachusetts .A minor can still ask the court to write an order for emancipation.
http://www.lawlib.state.ma.us/subjec...ncipation.html
Quote:
Originally Posted by adthern
My understanding is that, while few emancipation petitions are granted, they ARE granted on occasion. I realize you are in Massachusetts and I am not but this is what I have posted (and relied on) in the past. Is this not correct?
"Despite the lack of a formal law outlining a right to emancipation, a child can still ask the court in the Probate and Family Court of the county where he or she lives to write an order for emancipation.
A judge may give a minor emancipated status when s/he is convinced that emancipation is clearly in the best interest of the minor, and that the parents are not using it as a way to avoid child support obligations. "
EMANCIPATION AND THE LEGAL RIGHTS OF MINORS
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