Legal Question in Family Law in Tennessee
Forced Minor Marriage with the consent of the parent but WITHOUT the consent of
My question concerns the rare but nevertheless momentous case of a minor marriage FORCED by parents in the state of Tennessee. The particular case concerns a 15-year old girl living in a muzlim family in the state of Tennessee. I've come to know that her parents want to marry her as long as she's a minor to some guy her parents gonna pick out among the local islamic community. She's very afraid of that because she doesnt want to get married against her will to a guy she doesnt love, which from what i found out comes along with the fear to be finally raped once she'll be married to someone before she turns 18. My investigation resulted in the realization that present Tennessee law only needs the consent of both of the minor spouses' parents but not the consent of both of the spouses themselves. I think this (as i assume) gap in the law has disastrous consequences for girls like the one i know, because it actually leads to FORCED MARRIAGES like they're tradition in many third-world and islamic countries. But aint that a fundamental violation of human rights?
PLEASE, IS THERE ANY LEGAL WAY TO HELP THIS GIRL or to prevent FORCED MARRIAGES in the state of TENNESSEE???
2 Answers from Attorneys
Re: Forced Minor Marriage with the consent of the parent but WITHOUT the consent
I am not sure there there is a "gap" in Tennessee law regarding this issue. Yes, I would agree that forcing a minot to marry would be a human rights violation, but I am not sure what law you are talking about. I am aware that Parents must "join" with the minor applicant to receive a marriage license, but the minor is the primary applicant. If any minor is being forced to marry, I would hope the Tennessee Department of Children services would get involved if you report it. I would also think local law enforcement and local media could help as well. This can and should be prevented. Best of luck to her.
Re: Forced Minor Marriage with the consent of the parent but WITHOUT the consent
You may have a voidable marriage subject to annullment. For more info, see www.gsmithlawfirm.com