Full question:
I am 17 years old and I live in California. I married last month with the consent of my mother. I have a dependency proceeding before the court. Can I continue with the dependency proceedings as I am a minor?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: California
Answer:
In California, if a minor undergoes a valid marriage, then that minor is emancipated by the operation of Law. Consent of parent is a requisite element in case of marriage of a minor. Per Cal Fam Code § 302,“(a)An unmarried person under 18 years of age is capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to marry.
(b)The court order and written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.”
(b)The court order and written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.”
The provisions related to emancipation of minor is dealt under Cal Fam Code § 7002 and Cal Fam Code § 7050.
The Cal Fam Code § 7002 reads as:
“A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:
(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.
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The Cal Fam Code § 7050 reads as:
“An emancipated minor shall be considered as being an adult for the following purposes:
(a) The minor's right to support by the minor's parents.
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Thus, when a person less than 18 years of age marries with the consent of mother, then the marriage is valid in California. Because of the marriage, a minor is emancipated by the operation of law. An emancipated minor cannot be a subject of a dependency proceeding and cannot continue with the dependency proceedings. Hence, you cannot continue with the dependency proceedings as you have entered a valid marriage.(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.
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The Cal Fam Code § 7050 reads as:
“An emancipated minor shall be considered as being an adult for the following purposes:
(a) The minor's right to support by the minor's parents.
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
