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  1. #1
    Join Date
    Feb 2008
    Location
    Green Forest
    Posts
    1

    Default I Want To Marry The Father Of My Baby But My Parents Wont Let Me. What Can I Do?

    I live in Arkansas. I had a baby six months ago and I want to marry the father of my baby so we can live together. We both have jobs and we can get a place to live pretty easy. My parents won't let me get married because I'm only 16. Is there anything that I can do to make this happen?

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: I Want To Marry The Father Of My Baby But My Parents Wont Let Me. What Can I Do?

    9-11-102. Minimum age — Parental consent.
    (a) Unless otherwise provided by law, a person must be eighteen (18) years of age to obtain a marriage license. Any person who is eighteen (18) years of age or older is competent to enter into a contract for marriage and to obtain a marriage license.

    (b) (1) In order for a person who is younger than eighteen (18) years of age and who is pregnant to obtain a marriage license, the person must provide the county clerk with evidence of parental consent to the marriage.

    (2) The county clerk may issue a marriage license to a person who is younger than eighteen (18) years of age and who is pregnant after the county clerk receives satisfactory evidence of parental consent to the marriage under subsection (c) of this section.

    (c) (1) As used in this section, “parental consent” means the consent of both parents of a person under eighteen (18) years of age who wishes to enter into a contract for marriage.

    (2) (A) However, except as provided in subdivision (c)(2)(B) of this section, the consent of one (1) parent who has custody of the person under eighteen (18) years of age will constitute parental consent if:

    (i) The parents of the person have been divorced and custody of the person has been awarded to one (1) of the parents exclusive of the other;

    (ii) The custody of the person has been surrendered by one (1) of the parents through abandonment or desertion; or

    (iii) Paternity has been determined by a court of competent jurisdiction and the court has awarded custody to the man adjudged to be the father of the child.

    (B) If a court of competent jurisdiction has appointed a guardian of the person under eighteen (18) years of age, the consent of the guardian will constitute parental consent.

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    9-11-103. Minimum age — Exception.
    (a) (1) If one (1) or both of the parties to a contract for marriage or application for a marriage license are under eighteen (18) years of age and the female is pregnant, a party who has not obtained parental consent under § 9-11-102 may appear before a circuit court judge in the district where the application for a marriage license is being made.

    (2) A party appearing before a circuit court judge under subdivision (a)(1) of this section must present:

    (A) Evidence of the pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas;

    (B) The birth certificate of the party; and

    (C) Evidence showing parental consent of either party under eighteen (18) years of age as required by § 9-11-102 if parental consent has been given.

    (3) The circuit court judge, after considering the evidence and other facts and circumstances, may enter an order authorizing and directing the county clerk to issue a marriage license to the parties if the circuit court judge finds that issuance of a marriage license is in the best interests of the parties.

    (4) The county clerk shall retain a copy of the circuit court judge's order on file in the county clerk's office with the other papers.

    (b) (1) If one (1) or both of the parties to a contract for marriage or application for a marriage license are under eighteen (18) years of age and the female has given birth to a child of the parties, both parties may appear before a circuit court judge in the district where the application for a marriage license is being made.

    (2) The parties appearing before a circuit court judge under subdivision (b)(1) of this section must present:

    (A) The birth certificates of both parties;

    (B) The birth certificate of the child of the parties; and

    (C) Evidence showing parental consent of either party under eighteen (18) years of age as required by § 9-11-102 if parental consent has been given.

    (3) The circuit court judge, after considering the evidence and other facts and circumstances, may enter an order authorizing and directing the county clerk to issue a marriage license to the parties if the circuit court judge finds that issuance of a marriage license is in the best interests of the parties.

    (4) The county clerk shall retain a copy of the circuit court judge's order on file in the county clerk's office with the other papers.

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