Full question:
If a child is emancipated is he able to get married without the permission of the child's parents or the court?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: California
Answer:
Emancipation allows a minor to be freed from the custody and control of; their parents and to have many of the rights and responsibilities of an adult. There are three ways a minor may become emancipated:
1) get married;
2) join the military; or
3) go to court and have the judge declare you emancipated.
Minors, whether emancipated already or not, need parental consent and a judge's consent to get married. Likewise, a minor needs parental consent to join the military.
To be emancipated by a judge, a minor must give his/her parent(s) notice of the court hearing, and the parent(s) may go to court to contest the emancipation. Even though emancipated, a minor still has the following restrictions:
1. You must go to school until you graduate or turn eighteen.
2.; You cannot work as many hours as you want child labor laws and work permit rules must be followed.
3. You cannot get married without the consent of your parents.
4. You cannot have sex - statutory rape laws make it illegal for anyone to have sex with a minor (the only time a minor can have legal sex is if s/he is married and s/he has sex with his/her spouse).
5. You could be tried as an adult, in certain cases, if you commit a crime.
6. You cannot drink alcohol until you turn twenty-one.
7. You cannot vote until you turn eighteen.
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.
