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  1. #1
    Join Date
    Aug 2009
    Location
    Jacksonville Florida
    Posts
    5

    Default Florida's Underage Marriage Law

    I have found the following on http://www.leg.state.fl.us/Statutes/...41/Sec0405.HTM

    The 2009 Florida Statutes

    Title XLIII
    DOMESTIC RELATIONS Chapter 741
    MARRIAGE; DOMESTIC VIOLENCE

    741.0405 When marriage license may be issued to persons under 18 years.--

    (1) If either of the parties shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths. However, the license shall be issued without parental consent when both parents of such minor are deceased at the time of making application or when such minor has been married previously.

    (2) The county court judge of any county in the state may, in the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

    (3) When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge of any county in the state may, in his or her discretion, issue a license to marry:

    (a) To any male or female under the age of 18 years upon application of both parties sworn under oath that they are the expectant parents of a child; or

    (b) To any female under the age of 18 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent.

    (4) No license to marry shall be granted to any person under the age of 16 years, with or without the consent of the parents, except as provided in subsections (2) and (3).
    History.--s. 2, ch. 78-266; s. 1058, ch. 97-102.


    Am I interpreating this correctly?

    A county court judge or clerk of the circuit court can issue a license for the marriage of to any female the age of 16 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent and/or when the fact of pregnancy is verified by the written statement of a licensed physician, without parental consent.

    If so would the parties just got to the courthouse and apply for the license as normal? Also they are intrested in taking the Marriage Prep Corse. How would they go about that as well?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Florida's Under Age Marriage Law

    CAN, not WILL. They have that discretion. In actual fact, the chance of a marriage license being issued to a pregnant teenager without the consent of her parents is exceedingly small. Particularly in Florida, where they have very strong views on the subject of minors and adults engaging in sexual congress.

  3. #3
    Join Date
    Aug 2009
    Location
    Jacksonville Florida
    Posts
    5

    Default Re: Florida's Under Age Marriage Law

    The young man is this case just turned 18, and she is 16 and 4 months pregnant. He was not 18 when she had gotten pregnant. She will be 17 about 1 month after the baby is born. If the two young people wanted to present their case, for consideration would they need an attorney or could they do it themselves?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,889

    Default Re: Florida's Under Age Marriage Law

    How old he was at the time she got pregnant is immaterial. He is a legal adult NOW and she is a legal child NOW. I don't know why you think it matters that he was 17 at the time; he's not 17 now.

    By all means have them talk to an attorney. Maybe he can get through to you what we don't seem to be able to - that the state of Florida is not interested in letting the two of them play house. Particularly since the likelihood that an 18 year old can support a wife and baby without the assistance of the taxpayers is poor indeed.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Florida's Under Age Marriage Law

    You don't seem to understand that you are interfering with the parenting of this girl. She is NOT your daughter and you LEGALLY do NOT have a grandchild. If you honestly believe this girl is at risk in her own home - you do have a moral obligation to call child protective services. They are legally obligated to investigate the situation. Let them do their job and mind your OWN business. Taking your son to parenting classes would be a great start!

  6. #6
    Join Date
    Aug 2009
    Location
    Jacksonville Florida
    Posts
    5

    Default Re: Florida's Under Age Marriage Law

    This is just an update. My son is in parenting classes, and also now going to councelling to help him through this. I have called the DCF. The girl is now living with her grandparents, and is safe.

    She as well is attending parenting class and councelling.

    My son is now being aloud to take part in the development, birth and life of his child.

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