Legal Question in Family Law in Montana

Marriage

If I am 16 And living in Montana,usa (under parental custody). I am pregnant and want to get married. I (runaway) to georgia and get married. If i return to montana will the marrage still be valiad and bring me emancipation? . .. Also what if the baby is not born (misscarage) or i give it up for adoption . .thank you


Asked on 2/25/03, 11:08 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Marriage

I need to caution you that this is not legal advice, it is only some general comments.

First, before you run off to Georgia thinking you can get married there, you need to check

Georgia�s law regarding the age you may marry there without parental consent.

Second, what you are contemplating is enormous and life-changing.

Third, if the marriage was valid in Georgia, it will most likely be valid here.

Fourth, if you marry and it�s a valid marriage here, the law will consider you emancipated. But

let me tell you, you probably won�t feel emancipated. You�ll feel tired, exhausted. If you

thought you were grounded before, consider the responsibilities of motherhood, marriage,

housekeeping, earning a living, and completing your high school education. Your boyfriend is

probably not earning enough money to allow you the luxury of remaining at home with the baby.

Both of you need to consider how limited your career opportunities will be, and therefore how

limited your incomes will be, if you do not continue your educations beyond high school.

Some unsolicited advice:

I don�t mean to be harsh with you but take a look at how you�ve written your question. You need

to stay in school.

Consider the warning about jumping from the frying pan into the fire. You don�t know how your

life is going to be if you run to Georgia. Who will you know? Do you have work lined up there?

Do you know a doctor there who will give you prenatal care? Will you have several thousand

dollars saved up for security deposit and first and last month rent, food, transportation, medical

care?

You already know your support system in your hometown. You don�t say that your parents are

abusive or mistreat you in any way. I wouldn�t be surprised if they�re angry. They understand

the implications of becoming a parent so young. They know how difficult it�s going to be for

you to finish your education and take care of your baby. They probably figure that the dad will

soon miss his friends and his free time, and he might decide to go back to that way of life and

leave you to raise the baby by yourself. So if all you�re facing is angry parents, suck it up and

stay with them. They'll probably be typical grandparents and fall in love with their grandbaby the minute they see it.

What if the baby isn�t born? That�s a big question that I wish you would narrow down to what

you have in mind. The baby doesn�t factor into the marriage�s validity one way or the other. If

you decide to relinquish the baby for adoption, the biological father will need to relinquish his

parental rights and consent to the adoption.

Be very careful.

Consider consulting with a lawyer who specializes in family matters.

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Answered on 2/25/03, 11:34 pm


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