Is a Child of 17 Emancipated by Marriage in Tennessee?
Full Question:
Answer:
Emancipation may occur by marriage in Tennesse.
Please see the following TN case law:
http://tennessee.gov/tccy/tnchild/33/33-8-104.htm
http://www.tncourts.gov/OPINIONS/TCA/PDF/052/OglesbydlOPN.pdf
Please see the following TN statutes:
1-3-105. Definition of terms used in code.
As used in this code, unless the context otherwise
requires:
(1) "Age of majority" means eighteen (18) years of age or
older; except that when purchasing, consuming or possessing
alcoholic beverages, wine or beer as those terms are defined
in title 57, "age of majority" means twenty-one (21) years of
age. This subdivision (1) shall not be construed as
prohibiting any person eighteen (18) years of age or older
from selling, transporting, possessing or dispensing alcoholic
beverages, wine or beer in the course of employment;
(2)(A) "Agriculture" means:
(i) The land, buildings and machinery used in the commercial
production of farm products and nursery stock;
(ii) The activity carried on in connection with the
commercial production of farm products and nursery stock; and
(iii) Recreational and educational activities on land used
for the commercial production of farm products and nursery
stock;
(B) As used in this definition of agriculture, the term
"farm products" means forage and sod crops; grains and feed
crops; dairy and dairy products; poultry and poultry products;
livestock, including breeding and grazing; fruits; vegetables;
flowers; seeds; grasses; forestry products; fish and other
aquatic animals used for food; bees; equine; and all other
plants and animals that produce food, feed, fiber or fur;
(C) As used in this definition of agriculture, the term
"nursery stock" means all trees, shrubs, or other plants, or
parts of such trees, shrubs or other plants, grown or kept
for, or capable of, propagation, distribution or sale on a
commercial basis;
(3) "Code" includes the Tennessee Code and all amendments
and revisions to the code and all additions and supplements to
the code;
(4) "Collector" includes any person entrusted with the
collection of public revenue;
(5) "Constable," or other word used for an executive or
ministerial officer, includes any person performing the duties
of such officer, either generally or in special cases;
(6) "Coroner," or other word used for an executive or
ministerial officer, includes any person performing the duties
of such officer, either generally or in special cases;
(7) "County executive" means and includes "county mayor"
unless the context clearly indicates otherwise;
(8) "County mayor" means and includes "county executive"
unless the context clearly indicates otherwise;
(9) "Executor" includes an administrator, where the subject
matter applies to an administrator;
(10) "Federal census," "federal census of population," or
references to the federal decennial census, are deemed to be
references to the federal decennial censuses of population as
defined in § 1-3-116, and contained in the "Tables" volume of
this code, Volume 13, or its replacement volume;
(11) "Funeral and burial expenses" includes, but is not
limited to, the cost of preparing the body for burial or other
disposition, the funeral service, any funeral merchandise,
flowers, honoraria, acknowledgment cards, postage,
transporting the body to the place of burial or disposition,
the burial space, crypt, mausoleum or other final resting
place, the opening and closing thereof and any marker;
(12) "Highway" includes public bridges and may be held
equivalent to the words "county way," "county road" or "state
road";
(13) "Insane" includes all persons of unsound mind;
(14) "Lands" includes lands, tenements and hereditaments,
and all rights thereto and interests therein, equitable as
well as legal;
(15) "Lunatic" includes all persons of unsound mind;
(16) "Minor" means any person who has not attained
eighteen (18) years of age; except that where used in
title 57 with respect to purchasing, consuming or possessing
alcoholic beverages, wine or beer, "minor" means any person
who has not attained twenty-one (21) years of age. This
subdivision (16) shall not be construed as prohibiting any
person eighteen (18) years of age or older from selling,
transporting, possessing or dispensing alcoholic beverages,
wine or beer in the course of employment;
(17) "Month" means a calendar month;
(18) "Non compos mentis" includes all persons of unsound
mind;
(19) "Oath" includes affirmation;
(20) "Person" includes a corporation, firm, company or
association;
(21) "Personal property" includes money, goods, chattels,
things in action, and evidences of debt;
(22) "Personal representative," when applied to those who
represent a decedent, includes executors and administrators,
unless the context implies heirs and distributees;
(23) "Probate court" means the court having jurisdiction
over the administration of the estates of decedents;
(24) "Property" includes both personal and real property;
(25) "Real estate" and "real property" include lands,
tenements and hereditaments, and all rights thereto and
interests therein, equitable as well as legal;
(26) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in a perceivable form;
(27) "Representative," when applied to those who represent a
decedent, includes executors and administrators, unless the
context implies heirs and distributees;
(28) "Road" includes public bridges and may be held
equivalent to the words "county way," "county road" or "state
road";
(29) "Savings and loan association" includes a building and
loan association, a federal or state savings and loan
association, a federal savings bank, and any other financial
institution, the accounts of which are insured by the federal
savings and loan insurance corporation (FSLIC) or any
successor of such corporation;
(30) "Sheriff," or other word used for an executive or
ministerial officer, includes any person performing the duties
of such officer, either generally or in special cases;
(31) "Signature" or "signed" includes a mark, the name being
written near the mark and witnessed, or any other symbol or
methodology executed or adopted by a party with intention to
authenticate a writing or record, regardless of being
witnessed;
(32) "State," when applied to the different parts of the
United States, includes the District of Columbia and the
several territories of the United States;
(33) "Subscription" includes a mark, the name being written
near the mark and witnessed;
(34) "Tennessean" denotes a permanent resident of the state,
and such spelling is the recognized spelling of the word;
(35) "Tennessee-based business enterprise" means a sole
proprietorship, partnership, association, corporation, limited
liability corporation, limited partnership or any other
business entity having any:
(A) Place of business permanently located within this state;
(B) Employees permanently assigned to work stations or areas
located within this state; or
(C) Tangible assets permanently located within this state;
(36) "United States" includes the District of Columbia and
the several territories of the United States;
(37) "Writing" or "written" includes printing, typewriting,
engraving, lithography, and any other mode of representing
words and letters; and
(38) "Year" means a calendar year, unless otherwise
expressed; but "year," in reference to any appropriation from
the state treasury, means fiscal year, unless otherwise
expressed or implied.
36-3-104. Conditions precedent to issuance of license.
(a) No county clerk nor deputy clerk shall issue a marriage license
until the applicants make an application in writing, stating the names,
ages, addresses and social security numbers of both the proposed male and
female contracting parties and the names and addresses of the parents,
guardian or next of kin of both parties. The application shall be sworn
to by both applicants. Should either individual be incarcerated, the
inmate shall not be made to appear but shall submit a notarized statement
containing the name, age, current address and a name and address of the
individual's parents, guardian or next of kin. If an applicant has a
disability that prevents the applicant from appearing, the applicant may
submit a notarized statement containing the person's name, age, current
address and the names and address of the parents, guardian or next of
kin.
(b)(1) If either applicant is under eighteen (18) years of age, the
application shall remain on file, open to the public, in the office of the
county clerk for three (3) full days before issuance of the license. No
waiting period shall apply if both parents, the guardian or the next of
kin of any minor applicant join in the application. No waiting period
shall apply if both applicants are eighteen (18) years of age or over.
(2) If either applicant is under eighteen (18) years of age,
immediately upon filing of the application, the county clerk shall cause
to be sent by registered mail to the parents, guardian or next of kin of
any minor applicant, a notice of the application. The provisions of this
subdivision (b)(2) shall not apply if both parents, the guardian or the
next of kin of any minor applicant join in the application.
(3) The parents, guardian or next of kin of an applicant may join in
the application either by personal appearance before the county clerk or
deputy county clerk, or by submitting a sworn and notarized affidavit.
29-31-101. Power to remove.
(a) The chancery court of a county in which a minor resides or the
chancellor in vacation may remove the disabilities of minority; and the
chancery court of any county, or the chancellor of such court in
vacation, may remove the disabilities of minority of a nonresident minor
of the state of Tennessee who owns, or has an interest in, any real or
personal property located in the state of Tennessee, so as to enable the
minor to sell and convey such real or personal property, or any interest
therein, or to do any other act in respect thereof; all as fully and
effectively as if the minor was eighteen (18) years of age.
(b) In all cases where a minor petitions for the removal of
disabilities of minority in a county other than the county in which
property is located, petition must show that no application has been
previously made in the county where the property is located.
(c) The circuit court and the judge thereof shall have concurrent
jurisdiction with the chancery court and chancellor to remove the
disabilities of minority.
29-31-102. Application — Process — Appearance to resist
application.
(a) The application therefor shall be made in writing by the minor by
next friend, and shall state the age of such minor and the names and
places of residence of the minor's parents, and if the minor has no
parents, the names and places of residence of two (2) of the minor's
nearest kin, within the third degree, computed according to the civil
law, and the reason on which the removal of the disability is sought.
(b) When such petition shall be filed, the clerk of the court shall
issue proper process as in other cases, to make the proper
parties defendant, the same to be executed and returned as in other cases.
(c) Any person so made a party or other relative or friend of the
minor, may appear and resist the application.
