QUESTION

Can I use a judical bypass to get married without parental consent ?

Asked on Aug 20th, 2018 on Family Law - Florida
More details to this question:
Im 17 and i live in florida. My mom has sole custody of me and doesnt approve of my boyfriend even though my dad does.
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2 ANSWERS

As a grandmother myself, I would say, listen to your Mother and wait until you are 18.  
Answered on Aug 21st, 2018 at 8:17 AM

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Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Hello, Joe, and thank you for your question.  At age 17, you are a minor under Flordia law for purposes of obtaining a license to marry.  Florida Statute 741.0405 covers the question you are asking and is lableled "When marriage license may be issued to persons under 18 years." That statute says that the county clerk  who issues marrage licenses may not issue one to anyone between the ages of 16 and under 18 ONLY if there is given to the clerk "written [and notarized] consent of the parents [plural] or guardian of such minor " Thus, the consent of both parents - your mom and dad- are required for a marriage license to be issued to you as a 17 year old. There are a few exceptions when parental consent is not needed: If your parents are both deceased, if a minor female marriage license applicant is pregnant, or if both parties are already a parent of achild. But that is it. I wish I could give you a happier answer but this is the law in Florida. I hope you can wait until your 18th birthday! Good luck! - David B. Mitchell, Esq., Coral Gables, Florida      
Answered on Aug 21st, 2018 at 7:38 AM

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