Legal Question in Family Law in Oregon

i have court order custody of my 16 year old daughter the mother signed a consent form for her to get married .. my 16 year old daughter is now married went to las vegas. did the mother have the right to sign the consent form with out me knowing

Asked on 8/09/13, 12:40 pm

1 Answer from Attorneys

David Clarke David C. Clarke, Attorney at Law

I am not licensed to practice in Nevada but it appears that Nevada law was satisfied by your daughters age and one parent's consent. Sounds like a done deal. But could the marriage be annulled? You would really need to consult an attorney licensed in Nevada to determine the answer to that question. It would depend on whether Nevada accepts a non-custodial parent's consent. Nonetheless, you face significant issues dealing with a 16 year old who seems to be willing to work her way around your restraint on her desires. As for the mother's right under Oregon law to consent, it seems that she would not have the authority to make that kind of decision although I was unable to find a statute that specifically limited consent to marry. I would just say that it was a violation of the court's order that you should have sole custody (if that is what the court has ordered). You could file a motion for contempt and ask the court to sanction mother but I'm not sure what the court would do. You can even ask for jail time for mother but would the court order it? I'm not sure. I think you just make things worse within the family. If daughter really wanted this marriage, you are better off supporting her the best you can so that the marriage will be successful. Resorting to the law is going to cause more problems that it will solve. That's my opinion. Good luck.

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Answered on 8/12/13, 10:46 am

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