[janeen04]

Sixteen year old married in Reno. Who has custody mom or husband?

[ScottGem]

Custody of whom?

[AK lawyer]

Custody of whom?

I think OP is asking about the 16 year old bride.

No, a husband doesn't have "custody" of his bride. Not in the civilized world, anyway.

[J_9]

Was the marriage legal? Did the parents give permission? If not, most likely the marriage will be null and void.

[AK lawyer]

Was the marriage legal? Did the parents give permission? If not, most likely the marriage will be null and void.

Parental permission isn't required:

"NRS 122.025 Marriage of persons less than 16 years of age: Consent of parent or guardian; authorization by court.

1. A person less than 16 years of age may marry only if the person has the consent of:

(a) Either parent; or

(b) Such person’s legal guardian,

Ê and such person also obtains authorization from a district court as provided in subsection 2.

2. In extraordinary circumstances, a district court may authorize the marriage of a person less than 16 years of age if the court finds that:

(a) The marriage will serve the best interests of such person; and

(b) Such person has the consent required by paragraph (a) or (b) of subsection 1.

Ê Pregnancy alone does not establish that the best interests of such person will be served by marriage, nor may pregnancy be required by a court as a condition necessary for its authorization for the marriage of such person." NRS: CHAPTER 122 - MARRIAGE

[GV70]

Sixteen year old married in Reno. Who has custody mom or husband?

No one.;)
Being married means that the person U18 is emancipated.

[cdad]

First off what is the state of residence of the child? Did someone give permission for the child to be married ?

Nevada Marriage License > Laws > NV Wedding Officiants

Under 18:
If you are 16 or 17 years old, you must have one parent or legal guardian present. A notarized written permission is also acceptable. It must be written in English and needs to state the name, birth date, age of the minor child, along with the relationship of the person giving consent. The notary must note that the parent or guardian personally appeared before or was subscribed and sworn to.
If you are under 16, marriage can be authorized only by court order when the request has been filed by either parent or legal guardian.

[GV70]

Did someone give permission for the child to be married ?

The OP is not interested in permission... the OP is interested in all custody matters.

[AK lawyer]

First off what is the state of residence of the child? Did someone give permission for the child to be married ?
...

I hesitate to say this, having slipped up in this thread already; :o

But (from the same site califdadof3 linked to:

"...
Residency Requirement:
You do not have to be a resident of Nevada
...."

So it appears that the state of residence of the child-bride is immaterial, as long as a parent gave permission.

[AK lawyer]

No one.;)
Being married means that the person U18 is emancipated.

All of this brings out an interesting possiblilty:

Custodial parent (mother, as a for instance) lets child (age 16) visit non-custodial father. NCF takes child to Nevada, hires a hooker to be temporary bride, and consents to the child's marriage there. Custodial parent's custody is thus terminated without her knowedge or consent. Then finish the ploy with a dissolution.

Save a couple years of child support.

Neat. :cool:

[Fr_Chuck]

So many issues,

What state is the bride from ? The marriage may not even be legal if she did not have proper permission of her parents.

If she was given permission to get married, then she is not under anyone's custody any longer but emancipated, And if father was paying support it would end now also. ( just guessing at a few things)

If she did not have permission to get married, beyond possible fraud, mother may be able to have the marriage annulled.

[cdad]

I hesitate to say this, having slipped up in this thread already; :o

but (from the same site califdadof3 linked to:

"...
Residency Requirement:
You do not have to be a resident of Nevada
...."

So it appears that the state of residence of the child-bride is immaterial, as long as a parent gave permission.

Lol. Also from the same site.
(quote)
In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are. (end quote)




I think what they are trying to tell you is you don't have to be a resident of the state of Nevada but its best to bring one with you from your state of residence to be signed. Looks like it may go either way.

[cdad]

The OP is not interested in permission....the OP is interested in all custody matters.

Custody will depend on a legal marriage. If it were legal then no custody. If it were illegal then it may be possible to file against the marriage and regain custody of the child. Not sure of the exact wording as if it was one of the involved parties then annulment can apply. But in the case of third party action Fraud may be the charge to break the marriage as it was illegal in the first place. It could also be purjury if one of the parties claimed to be over 18 and was not.

Still waiting on OP to give us more details.

[ebaines]

lol. Also from the same site.
(quote)
In order to get married, you need to apply and receive a marriage license. This is the document in your state that allows you to officially tie the knot under the law. The rules for acquiring your marriage license varies from state to state, so you should check with your city's marriage bureau at your clerk of court's office to find out what your local rules are. (end quote)

I think what they are trying to tell you is you dont have to be a resident of the state of Nevada but its best to bring one with you from your state of residence to be signed. Looks like it may go either way.

I think you're reading too much into a rather poorly worded sentence. The phrase "your state" in that paragraph is shorthand for "the state you are getting married in." To my knowledge the wedding license must always be issued by the state where the couple is getting married, and for NV that means you must get a NV license, regardless of your residence state.

Thinking back through my own wedding, the weddings of my siblings, the weddings of my children, the weddings of my nieceds and nephews - in almost every case one of the parties was from out of state, and in all of those cases the marriage license had to be procured locally in the county where the wedding was to take place. This is my experience from family weddings in CT, NJ, FL, VA, MA, and MO and the Bahamas.

[Fr_Chuck]

Doing weddings every week, a marriage license from one state is not valid and can not be used in another state. For example a GA marriage license is void if you tried to have a preacher do the service outside of GA.

In face in GA, if you are from out of state, you have to get married in the county where the marriage license is issued, if for example you get a Fulton County marriage license, and live in TN, but bring it to my church in Cobb County, I could not sign it and marry them, and if I did, not realizing the error, that license could be challenged in court.

Also in most states, assuming they are returning to their home state, ( and are from out of state) the marriage is only valid if it meets the requirements in that state,
i.e. under age marriages, same sex marriage and so on.

[AK lawyer]

... To my knowledge the wedding license must always be issued by the state where the couple is getting married, and for NV that means you must get a NV license, regardless of your residence state. ...

Yes. And the minister or other official would say something like "by the power vested in me by God and the State of Nevada, I now pronounce you man and wife."