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When the custodian parent gives consent, is it necessary for a minor to obtain consent from the other to marry?

When the custodian parent gives consent, is it necessary for a minor to obtain consent from the other to marry?

Q: Does a 17 year old have to live with parents?

In Colorado, a 17-year-old is not legally required to live with their parents. However, if they are still a minor, their parents or guardians typically have legal responsibility for them. If a minor wishes to live independently, they may need to seek legal emancipation, which involves a court process to gain adult status.

Full question:

My parents live separately and I live with my dad in Colorado. I am 17 years old and my dad wants me to get married this year. As my dad has my legal custody, do I need to take my mother’s consent too before getting married?

Category: Marriage
Date: 04/07/2025
State: Colorado

Answer:

In Colorado, if a person below 18 years but above 16 years wants to get married, then the person is required to obtain consent from both parents. In case, the parents are living separately, then the person needs to take consent from the parent who has legal custody or the decision-making responsibility, or has the judicial approval or is the one with whom the child is living. The relevant statutory provision in this regard is stated below.

C.R.S. 14-2-106 reads:

“Satisfactory proof that each party to the marriage will have attained the age of eighteen years at the time the marriage license becomes effective; or, if over the age of sixteen years but has not attained the age of eighteen years, has the consent of both parents or guardian or, if the parents are not living together, the parent who has legal custody or decision-making responsibility concerning such matters or with whom the child is living or judicial approval. . . .”

Thus, as your parents live separately, you are required to take your father’s consent only because he has your legal custody. In this scenario, you may not be required to take your mother’s consent.

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.

FAQs

What to do when a child wants to live with another parent?

If a child expresses a desire to live with another parent, it's important to have an open conversation with the child to understand their feelings. You may need to discuss this with the other parent and consider mediation if necessary. If custody arrangements need to be changed, you can file a petition in court to modify the custody order. The court will consider the child's best interests, including their wishes, age, and living situation.

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire. Courts generally favor maintaining a relationship with both parents unless there are safety concerns. If one parent obstructs visitation, they may face legal consequences, including a modification of custody arrangements. It's essential to follow court orders regarding visitation to avoid potential legal issues.

Does a 17 year old have to live with parents?

How to handle custody during separation?

During separation, it's important to establish a clear custody arrangement that prioritizes the child's best interests. Parents should communicate openly about their plans and responsibilities. Mediation can help resolve disputes amicably. If necessary, file for custody in court to formalize the arrangement. Always keep the child's well-being at the forefront of any decisions.

What is the biggest mistake in a custody battle?

The biggest mistake in a custody battle is often failing to prioritize the child's best interests. Parents may become overly focused on winning rather than what is best for the child. Additionally, making negative remarks about the other parent can harm the child's emotional well-being and impact custody decisions. It's crucial to approach the situation with a cooperative mindset.

How does child custody work during separation?

During separation, child custody arrangements can be established through mutual agreement or court order. Parents may agree on physical custody (where the child lives) and legal custody (decision-making authority). If parents cannot agree, they can seek mediation or a court hearing to determine custody based on the child's best interests. Courts consider factors like the child's age, relationship with each parent, and stability.