Can a felon marry and legally reside with another felon?

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Can a felon marry and legally reside with another felon?

I have a felony conviction (04/06). I want to marry a man set for parole in September of this year. Will it be a violation of his parole if we marry and live together as husband and wife? Should we marry before he gets out or can we wait?

Asked on August 23, 2010 under Family Law, Maryland

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question really rests on whether or not a condition of your prospective fiance's parole is not to associate with known felons.  I suggest that you first consult with a criminal defense attorney to be certain of any and all conditions of his parole.  Once you have determined that, you will be able to determine whether your status as a felon would provide a basis for his parole to be violated.  If it would provide a basis, then I suggest that you further consult with a family attorney.  Prohibitions about who people can marry tend to violate the 9th amendment right to privacy guaranteed by the United States Constitution, and therefore this condition of parole might potentially be determined to be unconstitutional by the courts.  


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