Is a minor emancipated once married in Virginia?
Full Question:
A soon-to-be 16 yr old neighbor girl is contemplating becoming emancipated. She's not married or in the military, and is not capable of supporting herself, so per VA state law, it doesn't appear that could happen.
However, she and her 17 YO boyfriend are talking about marriage, and her parents are willing to consent to that. But, the plan is for all four of them to live happily-ever-after together. So she wouldn't need to be emancipated, but she also doesn't need to be responsible for taking care of her dysfunctional parents!
What I'm wondering is, even if the parents stupidly agree to this union, is there anyone along the way (social services, a judge, a counselor) that intervenes in the process? Or is it a done-deal once her parents sign on the dotted line?
10/05/2007 |
Category: Minors |
State: Virginia |
#9684
Answer:
The applicable Virginia statutes are as follows:
§ 20-48. Minimum age of marriage with consent of parents. —
The minimum age at which persons may marry, with consent of the parent
or guardian, shall be sixteen.
In case of pregnancy when either party is under sixteen, the clerk
authorized to issue marriage licenses in the county or city wherein the
female resides shall issue a proper marriage license with the consent of
the parent or guardian of the person or persons under the age of sixteen
only upon presentation of a doctor's certificate showing he has examined
the female and that she is pregnant, or has been pregnant within the nine
months previous to such examination, which certificate shall be filed by
the clerk, and such marriage consummated under such circumstances shall
be valid. If any such person under the age of sixteen is a ward of the
Commonwealth by virtue of having been adjudicated a delinquent,
dependent, or neglected child, instead of the consent of the parent or
natural guardian there shall be required the consent of the judge having
jurisdiction to control the custody of such person; or, if such person so
adjudicated shall have been committed to the Department of Youth and
Family Services or to any society, association, or institution approved
by it for this purpose, such consent shall be given by some person
thereto authorized by the Director of the Department of Youth and Family
Services, or by the principal executive officer of such society,
association, or institution, as the case may be.
Nothing herein contained shall be construed to prevent clerks from
issuing a marriage license under circumstances mentioned in § 18.2-66,
or to prevent persons under circumstances mentioned therein from
marrying.
§ 20-49. When consent required and how given.
If any person intending to marry is under eighteen years of age and has
not been previously married, the consent of the father or mother or
guardian of such person or persons shall be given either personally to
the clerk or judge or in writing subscribed by a witness, who shall make
oath before the clerk or judge that the writing was signed or sworn to in
his presence by such father, guardian, or mother, as the case may be, or
the writing shall be sworn to before a notary public or some person
authorized to take acknowledgments to deeds under the laws of this
Commonwealth, which oath shall be properly certified by such officer. If
there is no father, guardian, or mother, or if such person or persons are
abandoned by his or their parents, the judge of the circuit court of the
county or city wherein such person or either of them resides, either in
term or vacation, may on verified petition of such person or persons
intending to marry, authorize a marriage license to be issued, or issue
the same, as the case may be. However, no consent shall be required where
the minor has been emancipated.
If any such person under eighteen years of age is a ward of the
Commonwealth by virtue of having been adjudicated a delinquent, in need
of supervision, in need of services, or an abused or neglected child
pursuant to §§ 16.1-278.2, 16.1-278.4, 16.1-278.5, or § 16.1-278.8,
the consent required by this section shall be given by the judge having
jurisdiction to control the custody of such person; or, if such person so
adjudicated has been committed to the Department of Youth and Family
Services, such consent shall be given personally by the Director of the
Department of Youth and Family Services or by some person thereto
authorized by him, such authorization to be in writing, attested or sworn
to as hereinabove provided. However, no consent shall be required where
the minor has been emancipated.