§ 2.003. APPLICATION FOR LICENSE BY MINOR. In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county
clerk:
- (1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage;
(2) documents establishing that a prior marriage of the person has been dissolved; or
(3) a court order granted under Section 2.103 authorizing the marriage of the person.
§ 2.103. COURT ORDER FOR UNDERAGE APPLICANT.
(a) A minor may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.
(b) The petition must be filed in the county where a parent resides if a managing conservator or a guardian of the person has not been appointed. If a managing conservator or a guardian of the person has been appointed, the petition must be filed in the county where the managing conservator or the guardian of the person resides. If no person authorized to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.
(c) The petition must include:
- (1) a statement of the reasons the minor desires to marry;
(2) a statement of whether each parent is living or is dead;
(3) the name and residence address of each living parent; and
(4) a statement of whether a managing conservator or a guardian of the person has been appointed for the minor.
(d) Process shall be served as in other civil cases on each living parent of the minor or, if a managing conservator or a guardian of the person has been appointed, on the managing conservator or guardian of the person. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.
(e) The court shall appoint a guardian ad litem to represent the minor in the proceeding and to speak for or against the petition in the manner the guardian ad litem believes to be in the best interest of the minor. The court shall specify a fee to be paid by the minor for the services of the guardian ad litem. The fee shall be collected in the same manner as other costs of the proceeding.
(f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.