Legal Question in Family Law in Minnesota

MN Age Marraige / ? if CHIPS

What is the legal age of marraige in MN? At what

age do you need parental consent in the form of a

signature? What if a 15 year old is under a CHIPS

petition in a county although the mother has

custody (the CHIPS states a temporary type of

custody). Can the mother sign to allow marraige

and can the county stop this?

Thank you.


Asked on 12/25/00, 2:06 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: MN Age Marraige / ? if CHIPS

Minnesota Statute Sec. 517.02 says that one can marry at age 18. Then it says a person of "the full age of 16 years" may marry with the consent of the person's parents, guardian, or the court, when after a careful inquiry into the facts the application for a marriage license is approved by the judge of the juvenile court of the county in which the person resides.

Based upon that statute, first of all a person who is only 15 can't get married in Minnesota under any circumstances. If they were the subject of a Chips petition and 16 years of age, the court would most likely have appointed a Guardian Ad Litem, whose's signature would certainly be required. In addition, it is clear that approval by the juvenile court judge is required in all cases where the person is under 18.

If you want my opinion, most people at age 18 are too immature to be taking on the obligations which go with marriage under Minnesota law. It is sad but the fact is that we put more effort into informing people of their legal rights when they are taking out a car loan than we do when they are entering into a marriage. I have heard more than once commentary from divorce lawyers, in the hallways outside the courtrooms where the gut-wrenching divorce stuff goes on, making the following suggestion: before anyone of any age is issued a marriage license, require them to come and observe what goes on here every day for a week.

Another opinion of mine which you have not asked for: Allowing the marriage of a 15 year old would be allowing child abuse.

Good luck.

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 12/27/00, 12:04 pm


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