Legal Question in Family Law in Mississippi
Teen with parents overseas
I am a 17yr female who is engaged to a 19yr male who is in the US Air Force. Until 2 months ago I lived in Mississippi (as does my fiance) but am now in Japan with my missionary parents. In September my fiance is paying for me to return to the US at which time we plan to marry. The problem we are facing is that although my parents support our marriage, due to financial reasons, they are unable to be present in order for us to obtain a marriage license. I have read that a minor may marry if he/she can obtain judicial consent, even without the consent and/or presence of parents. My fiance and I need to be married in order for me to live and travel with him (because he is in the military). Is this possible? Am I still subject to the parental consent laws even though my parents are overseas? Thank you for your help.
1 Answer from Attorneys
Re: Teen with parents overseas
The judicial waiver is not the correct path. You will instead need a parental affidavit, and probably a certified birth certificate. I placed an affidavit provided to me by the Circuit Clerk's office in Pascagoula on my web page at http://members.aol.com/a4321LAW/MarriageAff.pdf
After the affidavit is notarized at your local US Consulate, travel to the county in which you last resided in Mississippi. Obtain a blood test certificate from the local health department, a physician, or hospital. Any certificate issued by the health department will take longer to receive because it comes out of Jackson. With the blood test certificate, affidavit, and certified birth certificate in hand, apply for a marriage license at the local circuit clerk's office. A marriage cannot be solemized within 3 days of the application. However, the marriage must be solemized within 30 days of the blood test or the blood test and marriage application must be re-initiated.
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