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Generally:

This is a complex issue and the laws vary from state to state. A minor needs a court order to marry legally prior to the age of consent. A court order for marriage of a minor would serve to emancipate the minor in most jurisdictions. That would confer adult status and no one would have "custody".

Emancipation of a minor must be legalized by a court order. Certain circumstances must be present such as financial independence, having parental permission to get married or becoming legally married. Emancipation does not supersede other laws and an emancipated child must reach the state age of consent before they can legally have sexual relations with their spouse.

The emancipation must be in the best interest of the child and the parent or guardian no longer has control over the child. Many states grant emancipated minors rights that minors do not usually have such as the ability to sign contracts. Emancipation grants the status of adulthood.

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13y ago
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14y ago

If you're in the US, in every state I'm aware of, once you're (legally!) married you're automatically emancipated, so no, your parents don't and can't have custody of you.

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11y ago

No, once they are married they are emancipated.

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Q: Can a parent still have legal custody of a married minor?
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Can the non custodial parent sign for you to get married if you live with them in Tennessee?

That depends on whether the non custodial parent has any legal custodial rights and whether those rights are sole or joint. If the non-custodial has sole legal custody, probably. If not, then no, not for a minor child, not without the permission of the parent with sole or joint legal custody. There are different types of custody, physical and legal. Check your custody order before you proceed to get an answer, or contact an attorney.


Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?

The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.


Who has legal custody of a minor child when parents never married in the state of co?

mother has sole custody even if living with father


Who has legal custody of a minor child when parents never married in Georgia?

The mother. The father have to petition the court for custody or visitation right.


Who has legal custody of a minor child when parents have never married in Michigan?

The mother is presumed to have custody unless there is a court order saying otherwise.


Can one parent keep another parent from picking minor children up from daycare?

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Can your parent decide who you visit or see?

Yes, your parent can decide who you visit or see especially if you are still a minor. Concerned parents do not want you to hang around with the wrong kind of people. That's why most parents suggest to meet the person that your visiting or seeing.


How can a runaway put a restraining order on her mother?

That's not possible. But it is possible and legal for the parent of an absentee minor to hire private agents to track down the minor and return him or her to parental custody, Likewise a parent can request that the court issue and order to have the minor returned to their custody or to custody of their home state. Once a court order is in place authorities will be on the look out for the minor and will take them into custody and remand them to state juvenile authorities.


In California if father has primary physical custody and both parents have joint legal custody can the child choose which parent he wants to live with?

No, legally a minor has no choice in the matter.


Is it legal for a 17-year-old to move out with permission of the parent that has full custody?

Certainly. With permission, a minor can live pretty much anywhere. That does not relieve the parent of the responsibility for the health, welfare and maintenance of the minor.


If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?

Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.


Who has legal custody of a minor child if never married in Illinois?

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