Re: May Minor with Child Marry Without Parental Consent
I have found nothing that allows a minor to marry based on mothering a child.
I have done some research but am still uncertain on one point-can my minor (step)daughter (age 17 with a child), marry the father if her custodial mother does not give consent
everything I have read leaves it in the hands of the guardian of the minor.
Can they petition the court for this, or is it out of the question, without her mother's consent?
well, that is a parents prerogative but I suspect the court order for custody would come in to play here. Moving across the country without other parent or court knowledge is often prohibited.
All the parents except the custodial mother are in favor of the marriage. It is strongly suspected that the mother wants to move and take the minor daughter and her child across the country, and may be trying to sabotage the relationship between the minor parents. (As if a young couple in this situation needed any more complications!)
I saw nothing that would allow this.
Can they petition the court anyway?
Huh? Oh, I see. I suppose this would be a possibility but your husband would have to have sole legal custody of the girl. If mom has legal and physical custody of the girl, I doubt your husband would be given sole legal custody. Even then, the mom could argue in court to prevent permission to marry and she could also argue the only reason dad is fighting for custody is to allow the marriage. I doubt the court would act in favor of dad considering this.
Or is my husband's only option to sue for custody of my minor daughter?
In this day and age, some parents need to realize that rushing in to marriage causes more problems than they can imagine. If there is love, it can wait the less than a year until the girl turns 18. This may be a blessing in disguise.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.