In a joint custody situation, can only 1 parent give permission for a minor to marry?

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In a joint custody situation, can only 1 parent give permission for a minor to marry?

My daughter is living with me and I recently gained physical custody, not legal, custody. I am willing to sign consent to her becoming married to her military boyfriend before she reaches 18, but I’m not sure if legally I can do so.

Asked on April 17, 2011 under Family Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

You are right to hesitate in this matter.  I can pretty much guess with 99% certainty that this issue is not specifically addressed in your divorce agreement.  How the agreement is worded, however, will give you guidance in this matter.  If the decision making is to be done jointly as to any major decision such as school, health related issues and treatment, etc., then I would pretty much think that this will follow suit.  It does, however, probably conflict with the right of only one parent to consent to the marriage, correct?  I might seek some legal advice in your area and bring the agreement with you.  Good luck to you all.


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