Can a custodial parent annul a teen marriage?

Question

Background:
There is a young lady who is forced to live with her abusive father, whom has custody, in Arkansas.  She really would much rather live with her non-custodial mother in Alaska.  Attempts to transfer custody to the mother have failed, and has become too expensive to pursue legally. 

Arkansas only requires that one parent give consent, as long as she is 16, and her  boyfriend is 17 years old. (He's 18, trustworthy, and willing to help).   What if the mom, (non-custodial parent), were to fly to Arkansas to legally approve the marriage?  The goal is emancipation thru marriage. At that point she could go live with her mom in Alaska, without having a custody battle.  As soon as she turns 18 she can simply file for a dissolution or divorce, and live her own life. 

2 main questions come to surface.
1) Will the non-custodial parent be allowed to approve the marriage?  Will they even check for custody?

2) Will the custodial father have the power to annul the marriage? (he would do this primarily so he could continue to receive child support payments).

Al B · Accepted Answer

You need to contact a legal aid attorney because it should be possible to file a motion in court for change of custody and the child can tell the judge that she wants to live with her mother and then it is granted.  If there is a way to prove that he is abusive, the daughter can contact protective services there and ask for protection from him as well.  You can also stop making the child support payments and he would have to go to court for that and then the daughter could say that she wants to be with her mother instead.  I will give you a link to a free legal service - scroll down to the bottom of the page for that.  If he has been physically abusive, she can call the police and have him arrested for that also and that may be another way to solve this. Good Luck.

rrm38 · Answer

There are two different things to consider with regard to custody.  Who has physical custody and who has legal custody, as they're two different things.  Legal custody has to do with who can make life decisions on behalf of the minor child (what school/church to attend, major medical decisions, etc).  Physical custody is who the minor child lives with at what times.  If your father has full legal custody, it's possible that the court wouldn't permit your mother to sign consent for you to marry.  If they have joint legal custody it may mean that she can consent, or that they both have to.

Anonymous · Answer

The mother cannot to that legally, and besides, there is an 85% chance that she will be divorced by age 24.
http://divpat.org/2Be-Or-Not2Be-A-Virgin-Til-Marriage
http://divpat.org/Whats-The-Right-Age-2-Marry

As for his supposed abuse, such claims on the part of teenagers wanting something they can't have are a dime a dozen.

? · Answer

This is the most absurd thing I have heard this week.   It is as bad as marrying a US citizen for a green card.

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Can a custodial parent annul a teen marriage?

4 Answers