QUESTION:
Can a 19 year old marry a 16 year old who is expecting his child with her parents consent? She is 5 months pregnant and both of her parents agree to us getting married. Also will i still be charged with statutory rape because she is a minor even though her parents do not want to press charges.
ANSWER:
To marry while under 18 in California, consent of at least one parent for each minor is required. Also required is a court order. Needless to say, the court order could be tricky. I’ve never tried to calendar an underage marriage hearing, and I would be very hesitant to do so when I would be bringing potential criminal exposure before the eyes of a Superior Court judge.
You should probably let a lawyer put some feelers out before you move on this. I think different judges’ responses could vary wildly.
