Legal Question in Family Law in Indiana
15 year old mother-to-be seeking to stay in USA
15 year old US citizen,unwed-mother-to-be, seeks to stay in US. Her mother, citizenship unknown, wants to send girl to Mexico. 17 year old father of unborn child is an active participant/supporter of 15 yr old pregnant girl. Unwed parents-to-be would like to have 15 yr old mother live with 17 yr old father. 15 yr old's mother does not approve. Can mother of 15 yr old send her to Mexico to live? Can 15 yr old mother live with 17 yr old father without legal parent's consent? What are their options? Guardian ad Litem? Emancipation?
Thank you.
1 Answer from Attorneys
Re: 15 year old mother-to-be seeking to stay in USA
Generally, Indiana law prohibits the marriage of a minor (a person under 18); however, upon either a written or oral petition to the judge of the circuit or superior court in the county where either the pregnant minor resides or where the person she wants to marry resides or the judge in any surrounding (abutting) county can investigate such a request and determine whether the marriage should occur. Normally, such petition requires that the parents of all minors involved consent to the marriage and is made under IC 31-11-1-6. A slightly different petition is allowed where there is no parental consent under IC 31-11-2-3 where the judge actually makes the decision when the parent won't consent. IC 31-11-2-3 specifically says that the petition can be in writing or made orally.
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