Legal Question in Family Law in Maryland
out-of-state marriage for minors w/ a child
my fiance and i wish to get married.we are 17 years old.my parent is in favor of the marriage.my fiance's father,who is the legal guardian of her,will not let her get married.i read that in maryland,you can get married at age 17 if you have a child,which we do.i was not around when she was born,so i am not on the birth certificate,although i AM her father.i do not want to take a paternity test because he(the father) will want child support.i do not have the $ to pay child support because i have rent,utilities and bills to take care of on the house we are going to live in when we are married.i am living in our house in dayton,while she has to live w/ her dad in akron.my question is if we go to maryland to get married will the marriage be upheld here in ohio,legally,is there anything her dad can do to get the marriage anulled?if he went to a judge or a court(which he probably will)is there anything that he could do to get our marriage taken away?and if our marriage is upheld,what are my rights to her and my daughter?can i have them come live w/ me?is she considered an adult(not in anyone''s custody)if we are married?and who actually has legal custody of our daughter since we are both minors? thanx
2 Answers from Attorneys
Re: out-of-state marriage for minors w/ a child
Son. As a father, let me give you some non-legal, commonsense advice. If your budget is that tight, then how can you get married and support a child? Take advantage of the fact that your child is being taken care of by the mother and the grandparent. Finish school and pick up a skill that will help you support that child. Moving here will not solve your problem. If you ever need any legal services in Ohio, let me know and I will refer you to an attorney in Dayton. For now, concentrate on getting your life together for the child's sake.
Re: out-of-state marriage for minors w/ a child
While I agree with the advice given by attorney Drew, the legal answer to your question is that your girlfriend must either have her parent's consent or a certificate from a licensed physician that she has given birth. Ohio will recognize your marriage if it was legal in MD. Your girlfriend's father will not be able to have the marriage annulled, and if you start living together after the marriage, the issue of child support is between you and her. Presumably if you are taking care of the family, that will suffice, but if the relationship dissolves, she can take you to court for child support.
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