If I’m 17 and have a 6 month old daugther, can we get married without my parent’s consent?

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If I’m 17 and have a 6 month old daugther, can we get married without my parent’s consent?

I’m in foster care and my parents refuse to sign my papers to get married. I need to know my options. Many people are telling me that I am an adult now that Ihave my daughter but some are saying otherwise. I just want the truth. My finance is 21 years of age. What happens if I ran away?

Asked on October 15, 2011 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

I can surely understand how you must be frustrated and the situation that you are in must not be the best for you and your daughter. But you are still a minor under the law and running away may have a negative effect on you and it may have a really bad result with regards to your daughter.  So let's see if there is another solution.  You may be able to file for emancipation.  Here are the requirements in California:

To get a declaration of emancipation, you have to prove ALL of these things:

  • You are at least 14 years old.
  • You do not want to live with your parents. Your parents do not mind if you move out.
  • You can handle your own money.
  • You have a legal way to make money.
  • Emancipation would be good for you.

Now, I do not know all the facts surrounding your situation.  Or how close that you are to 18.  I am going to give you a link to the California courts self help center.  Start with that.  Good luck.

http://www.courts.ca.gov/selfhelp-emancipation.htm


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