Cana personlegally get married without permission fromtheir guardian?

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Cana personlegally get married without permission fromtheir guardian?

I live in OH; and my girlfriend lives in MN. I’m 20 years old and she’s 22. Her mother is her legal guardian because she has autism. I was wondering if, in either of the states we live in, can we legally get married without permission from her mother?

Asked on September 16, 2010 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the issue: your girlfriend is senn under the law as having a disability, which is why her Mother is still her legal guardian even though she has reached majority.  Those who are deemed to have a disability that impairs their mental ability to "contract" in to a marriage must have the consent of a guardian in order to do so.  Otherwise the marriage is not valid.  Depending on how sever her autism is - is she considered to be high functioning? - then she could petition the court to remove the guardianship and the disability.  But that could open a whole new can of worms if she receives aid or whatever.  Seek legal help and good luck.


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