What can I do if my son's father consented to him getting married while on visitation?
Full Question:
Answer:
In some states, under common law a child is automatically emancipated by marriage. Nevada law states that a child may be emancipated by the court if they are at least 16 years old and get married. However, Nevada statutes allow a person to be emancipated by common law principles. If a child is emancipated, he is free from the care and custody of his parents.
When a child belongs in the custody of a parent and fails to return, it is possible to ask law enforcement officials to assist in a return of the child. It is possible for a person who willfully detains, conceals, or removes a child from the lawful right of custody of another to be subject to criminal charges. Please see the statutes below to determine applicability.
The following are from NV statutes:
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5. If any of the persons intending to marry are under age and have not
been previously married, and if the authorization of a district court is
not required, the clerk shall issue the license if the consent of the
parent or guardian is:
(a) Personally given before the clerk;
(b) Certified under the hand of the parent or guardian, attested by two
witnesses, one of whom must appear before the clerk and make oath that he
saw the parent or guardian subscribe his name to the annexed certificate,
or heard him or her acknowledge it; or
(c) In writing, subscribed to and acknowledged before a person authorized
by law to administer oaths. A facsimile of the acknowledged writing must be
accepted if the original is not available.
6. If the authorization of a district court is required, the county clerk
shall issue the license if that authorization is given to him in writing.
7. All records pertaining to marriage licenses are public records and
open to inspection pursuant to the provisions of NRS 239.010.
8. A marriage license issued on or after July 1, 1987, expires 1 year
after its date of issuance.
NRS 129.080 Minor may petition juvenile court for decree of emancipation;
reference to master.
Any minor who is at least 16 years of age, who is married or living.
apart from his parents or legal guardian, and who is a resident of the
county, may petition the juvenile court of that county for a decree of
emancipation. The district court may refer the petition to a master
appointed pursuant to title 5 of NRS or chapter 432B of NRS
NRS 200.359 Detention, concealment or removal of child from person having
lawful custody or from jurisdiction of court: Penalties; limitation on
issuance of arrest warrant; restitution; exceptions.
1. A person having a limited right of custody to a child by operation of
law or pursuant to an order, judgment or decree of any court, including a
judgment or decree which grants another person rights to custody or
visitation of the child, or any parent having no right of custody to the
child, who:
(a) In violation of an order, judgment or decree of any court willfully
detains, conceals or removes the child from a parent, guardian or other
person having lawful custody or a right of visitation of the child; or
(b) In the case of an order, judgment or decree of any court that does
not specify when the right to physical custody or visitation is to be
exercised, removes the child from the jurisdiction of the court without
the consent of either the court or all persons who have the right to
custody or visitation, is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
2. A parent who has joint legal custody of a child pursuant to NRS
125.465 shall not willfully conceal or remove the child from the custody
of the other parent with the specific intent to deprive the other parent
of the parent and child relationship. A person who violates this
subsection shall be punished as provided in subsection 1.
3. If the mother of a child has primary physical custody pursuant to
subsection 2 of NRS 126.031, the father of the child shall not willfully
conceal or remove the child from the physical custody of the mother. If the
father of a child has primary physical custody pursuant to subsection 2 of
NRS 126.031, the mother of the child shall not willfully conceal or remove
the child from the physical custody of the father. A person who violates
this subsection shall be punished as provided in subsection 1.
4. Before an arrest warrant may be issued for a violation of this
section, the court must find that:
(a) This is the home state of the child, as defined in NRS 125A.085; and
(b) There is cause to believe that the entry of a court order in a civil
proceeding brought pursuant to chapter 125, 125A or 125C of NRS will not be
effective to enforce the rights of the parties and would not be in the best
interests of the child.
5. Upon conviction for a violation of this section, the court shall order
the defendant to pay restitution for any expenses incurred in locating or
recovering the child.
6. The prosecuting attorney may recommend to the judge that the defendant
be sentenced as for a misdemeanor and the judge may impose such a sentence
if he finds that:
(a) The defendant has no prior conviction for this offense and the child
has suffered no substantial harm as a result of the offense; or
(b) The interests of justice require that the defendant be punished as
for a misdemeanor.
7. A person who aids or abets any other person to violate this
section shall be punished as provided in subsection 1.
8. This section does not apply to a person who detains, conceals or
removes a child to protect the child from the imminent danger of abuse or
neglect or to protect himself from imminent physical harm, and reported the
detention, concealment or removal to a law enforcement agency or an agency
which provides child welfare services within 24 hours after detaining,
concealing or removing the child, or as soon as the circumstances allowed.
As used in this subsection:
(a) "Abuse or neglect" has the meaning ascribed to it in paragraph (a) of
subsection 4 of NRS 200.508.
(b) "Agency which provides child welfare services" has the meaning
ascribed to it in NRS 432B.030.