Full question:
I am 15 years old and I live in Texas. I like to marry a person who is 21 years old. Is it essential to obtain court’s order? Can I marry after obtaining parental consent?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: Texas
Answer:
In Texas, a marriage where either party is younger than 16 years of age is considered to be void, unless a court order has been obtained for the same. You may enter a marriage after obtaining a court order. Provisions related to underage marriage and court order for under age applicant is provided under Tex. Fam. Code § 6.205 and Tex.Fam. Code § 2.103.
Tex. Fam. Code § 6.205 provides the validity of the Marriage to Minor. This reads as follows:
“A marriage is void if either party to the marriage is younger than 16 years of age, unless a court order has been obtained under Section 2.103.”
Tex. Fam. Code § 2.103 deals with Court Order for Underage Applicant. It reads as follows:
“(a) A minor may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.
(b) The petition must be filed in the county where a parent resides if a court has not awarded another person the right to consent to marriage for the minor. If a court has awarded another person the right to consent to marriage for the minor, the petition must be filed in the county where that person resides. If no parent or person who has the court-ordered right to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.
(c) The petition must include:
(1) a statement of the reasons the minor desires to marry;
(2) a statement of whether each parent is living or is dead;
(3) the name and residence address of each living parent; and
(4) a statement of whether a court has awarded to a person other than a parent of the minor the right to consent to marriage for the minor.
(d) Process shall be served as in other civil cases on each living parent of the minor or on a person who has the court-ordered right to consent to marriage for the minor, as applicable. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.
(e) The court shall appoint an amicus attorney or an attorney ad litem to represent the minor in the proceeding. The court shall specify a fee to be paid by the minor for the services of the amicus attorney or attorney ad litem. The fee shall be collected in the same manner as other costs of the proceeding.
(f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.”
(b) The petition must be filed in the county where a parent resides if a court has not awarded another person the right to consent to marriage for the minor. If a court has awarded another person the right to consent to marriage for the minor, the petition must be filed in the county where that person resides. If no parent or person who has the court-ordered right to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.
(c) The petition must include:
(1) a statement of the reasons the minor desires to marry;
(2) a statement of whether each parent is living or is dead;
(3) the name and residence address of each living parent; and
(4) a statement of whether a court has awarded to a person other than a parent of the minor the right to consent to marriage for the minor.
(d) Process shall be served as in other civil cases on each living parent of the minor or on a person who has the court-ordered right to consent to marriage for the minor, as applicable. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.
(e) The court shall appoint an amicus attorney or an attorney ad litem to represent the minor in the proceeding. The court shall specify a fee to be paid by the minor for the services of the amicus attorney or attorney ad litem. The fee shall be collected in the same manner as other costs of the proceeding.
(f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.”
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.
