Can a 15-year-old mom marry the 22-year-old father of her child? Only if a judge says it will be in her best interest

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Posted by Djbrown September 30, 2009 at 10:16 a.m.

Q. I am a 15-year-old mother trying to get married to the 22-year-old father of my child. My parents have given consent. Can I marry in Kansas?

A. Getting consent of your parents is just one step in the process for a 15-year-old getting married. And, technically, the statute governing your proposed marriage, K.S.A. 23-106, does not require parental consent.

Instead, in such instances, the law requires a judge to approve the marriage as being in the best interests of the person who is 15 years old. The judge is required to conduct an investigation on that point and in so doing, the consent of the parents would be considered evidence of what is in the 15-year-old’s best interests. But, depending on the specific circumstances, it is possible a judge could deny permission to marry even if parents have consented.

If the 15-year-old mother turns 16 and has the consent of both parents, the judge is out of the picture. If, however, only one, or none of the parents consent, the judge is again required to approve the union. In this instance, the statute only requires the judge “to investigate,” and then approve the marriage. The statute fails to address factors that might be considered by the judge in determining whether consent should be granted.

In the case of a 15-year-old mother, it is reasonable to believe the judge will want to know the circumstances attendant to the pregnancy. For example, if the pregnancy was the result of forceable rape, a judge may be reluctant to approve a marriage. Indeed, if conception occurred when the mother was 14, the judge may be concerned about the statutory rape issues. In almost any event, a crime was committed during conception and the court is likely to be very concerned about that fact as it makes determinations about marriage being in the best interests of the 15-year-old mother.

Since you say you want to get married, you should hire an attorney experienced in these matters to present your case to the court in the best light possible. The attorney should be well versed and prepared to address the concerns I discuss above.

I hope this was helpful.

David J. Brown, Managing Attorney The Law Office of David J. Brown, LC 1040 New Hampshire, Suite 14 Lawrence, Kansas 66044 785-842-0777

Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Office of David J. Brown, LC.

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Boston_Corbett (anonymous) says…

This sounds like pure Wyandotte County. I wonder if anyone there has any suggestions?
September 30, 2009 at 10:39 a.m.
RoeDapple (anonymous) says…

see i wuz thinkin ther waz gonna be a cuzins uprizin or sompin cuz thers all this talk today bout them phallic towers up on the oread an yung grils marryin up with guys what are only 22 an all but im sure now ther is sum kinda consparicy what with the bi-pass not bein dun an 23ard strete all clogged up reel convientynt like but bc gots it al rong cuz wyndotte contry least they kepe ther rifraf mostly ther but tupka an wichytau thats more likeit an lawrnce got mor ejucatin than al thre of thos othr plases so it cud be thay tooo smart an thats wat gets in theway. but i cant talk boutit.
September 30, 2009 at 11:38 a.m.
AreUNorml (anonymous) says…

how does one go about getting permission from a parent to bang their 15 year old daughter?
September 30, 2009 at 12:39 p.m.
nytemayr (anonymous) says…

DJ Brown correct me if I error but in the case of a 15 year old mother. The pregnancy must be the result of statutory rape if the pregnancy originated in Kansas. The judge would then notify law enforcement. The 22 year old parent then would be arrested and charged?

Children under the legal age have NO rights to sexual consent in Kansas.
September 30, 2009 at 1:03 p.m.
remember_username (anonymous) says…

Yeah, I'm was confused as well. The blog did not say intercourse happening in Kansas they just want to get married here.
September 30, 2009 at 1:42 p.m.
Boston_Corbett (anonymous) says…

Oh shucks. Gurlfriend didn't know the answer. I think he is holding out on us.
September 30, 2009 at 2:33 p.m.
artichokeheart (anonymous) says…

Any parent who approves of their 15 year old daughter getting married to a 22 year old man should be charged right along with the 22 year old male.
September 30, 2009 at 9:28 p.m.
misplacedcheesehead (anonymous) says…

Yes, artichokeheart. Please, dear child, do not get married at 15. Finish high school. Get a technical or college degree. Don't get pregnant again until you know who you are as a yet-to-be grown woman. Wait, please wait.
Wait and see how this 22 yr. old man treats you, your child, and if he can hold a job. Wait, mature, learn, and observe. If you truly want this particular man for a husband, wait until you are both grown.
Now I'd like to fish-slap the parents, and the 22 yr. old!!
September 30, 2009 at 10:30 p.m.