Minor with divorced parents, Marrying in California

[keikotheeskimo]

After trying to find out how to get emancipated i found out that one of three ways was two get married(the other two being through court or the military).I know i could be emancipated if i have a child because then i could be married without parental consent.I however am not pregnant nor do i plan on being for a while.(i am sixteen.)My parents are divorced and both remarried and i was wondering if i would only need one of my parents permission to be married.I have not seen my father since the weekend before the 9-11 tragedy and i would like to know if he alone could allow me to be married, allowing me to emancipate myself.I am also trying to do this as quickly as possible seeing as to how my boyfriend will be turning eighteen at the end of this month and I may also be moving to Oregon soon.Once he turns eighteen my mother may try to get him into trouble for sex with a minor which would obviously not be good.

thanks for the help

-Steph.

[Happy Trails]

After trying to find out how to get emancipated i found out that one of three ways was two get married(the other two being through court or the military).I know i could be emancipated if i have a child because then i could be married without parental consent.I however am not pregnant nor do i plan on being for a while.(i am sixteen.)My parents are divorced and both remarried and i was wondering if i would only need one of my parents permission to be married.I have not seen my father since the weekend before the 9-11 tragedy and i would like to know if he alone could allow me to be married, allowing me to emancipate myself.I am also trying to do this as quickly as possible seeing as to how my boyfriend will be turning eighteen at the end of this month and I may also be moving to Oregon soon.Once he turns eighteen my mother may try to get him into trouble for sex with a minor which would obviously not be good.

thanks for the help

-Steph.

Assuming your mother is your legal guardian, it woulld be her permission that you would need.

[keikotheeskimo]

it is split custody, except that i havent gone to see him because i dont get along with his family.They both have partial custody of me.Are you saying because i havent seen him its as if she has whole custody and my father couldnt do anything?I do remember something about an agreement that stated that my parents could only live in separate counties as long as they were next to one another.He may live in Los Banos right now while my mother and I live with my aunt in Hayward.Would moving to Oregon be impossible with this or would it not matter because of how long its been since ive seen him?

+I do know that he pays child support.

[Happy Trails]

it is split custody, except that i havent gone to see him because i dont get along with his family.They both have partial custody of me.Are you saying because i havent seen him its as if she has whole custody and my father couldnt do anything?

+I do know that he pays child support.

No, I'm not saying that.

Here is the statute in California that pertains to a minor getting married.

302. An unmarried male or female under the age of 18 years is capable of consenting to and consummating marriage if each of the following documents is filed with the county clerk issuing the marriage license:
(a) The written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person.
(b) A court order granting permission to the underage person to marry, obtained on the showing the court requires.

[keikotheeskimo]

(a) The written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person.

both his parents agree to him marrying me so its not a problem from that side.The only real problem is my mom.So does this(refering to quote) mean i only need my dad's permission or do i need both because they only have partial custody each?

[rmet4nzkx]

both his parents agree to him marrying me so its not a problem from that side.The only real problem is my mom.So does this(refering to quote) mean i only need my dad's permission or do i need both because they only have partial custody each?

The have joint legal custody, therefore BOTH your parents have to sign and your mother is not going to do that because she will lose her child support for you which she is dependent upon right now. If it is your mom planning on moving to OR she will need the court's permission to move.

Have you called the court yet?
Here is the number to call for help.
-------------------------------------
Child Abuse

If you think a child is endangered, call immediately. 24 hours -- 510.259.1800 Your report will be kept confidential. You may remain anonymous.

You may also call the police jurisdiction where the incident occurred and make a report.

A child may be endangered by:

* physical abuse
* sexual molestation
* severe neglect, including severe malnutrition, acute untreated medical condition, general neglect, including unsanitary, unsafe or inadequate housing, no food or clothing, or being left alone or without supervision
* not having a parent or guardian, meaning a parent who cannot provide adequate care due to mental illness or substance abuse, a parent who is overwhelmed, or abandonment
* emotional abuse.