Age of Consent & Underage Relationships

Can a pregnant 16 year old marry a 20 year old in Texas?

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November 30, 2008 10:49PM

§ 2.103. COURT ORDER FOR UNDERAGE APPLICANT. (a) A

minor may petition the court in the minor's own name for an

order

granting permission to marry. In a suit under this section,

the

trial judge may advance the suit if the best interest of the

applicant would be served by an early hearing.

(b) The petition must be filed in the county where a parent

resides if a court has not awarded another person the right

to

consent to marriage for the minor. If a court has awarded

another

person the right to consent to marriage for the minor, the

petition

must be filed in the county where that person resides. If no

parent

or person who has the court-ordered right to consent to marriage

for

the minor resides in this state, the petition must be filed in

the

county where the minor lives.

(c) The petition must include:

(1) a statement of the reasons the minor desires to

marry;

(2) a statement of whether each parent is living or is

dead;

(3) the name and residence address of each living

parent; and

(4) a statement of whether a court has awarded to a

person other than a parent of the minor the right to consent

to

marriage for the minor.

(d) Process shall be served as in other civil cases on each

living parent of the minor or on a person who has the

court-ordered

right to consent to marriage for the minor, as

applicable. Citation may be given by publication as in other

civil

cases, except that notice shall be published one time only.

(e) The court shall appoint an amicus attorney or an

attorney ad litem to represent the minor in the proceeding.

The

court shall specify a fee to be paid by the minor for the

services of

the amicus attorney or attorney ad litem. The fee shall be

collected in the same manner as other costs of the

proceeding.

(f) If after a hearing the court, sitting without a jury,

believes marriage to be in the best interest of the minor,

the

court, by order, shall grant the minor permission to marry.


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