Utah Code 81-2-304. Marriage of a minor — Consent of parent or guardian — Juvenile court authorization
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Terms Used In Utah Code 81-2-304
- Chambers: A judge's office.
- County clerk: means :(1)(a) the county clerk of the county; or(1)(b) an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages. See Utah Code 81-2-301
- Court: means :
(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means an individual who is 16 or 17 years old. See Utah Code 81-2-301
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Parent: means a parent with an established parent-child relationship as described in Section
78B-15-201 . See Utah Code 81-1-101- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) If an applicant is a minor at the time of applying for a license, a county clerk may not issue a marriage license without the signed consent of the minor’s parent or legal guardian given in person to the clerk, except that:(1)(a)(i) if the parents of the minor are divorced, consent shall be given by the parent having legal custody of the minor as evidenced by an oath of affirmation to the clerk;(1)(a)(ii) if the parents of the minor are divorced and have been awarded joint custody of the minor, consent shall be given by the parent having physical custody of the minor the majority of the time as evidenced by an oath of affirmation to the clerk; or(1)(a)(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the consent and provide proof of guardianship by court order as well as an oath of affirmation.(1)(b) Each applicant, and the minor’s consenting parent or legal guardian if an applicant is a minor, shall appear in person before the county clerk and provide legal documentation to establish the following information:(1)(b)(i) the legal relationship between the minor and the minor’s parent or legal guardian;(1)(b)(ii) the legal name and identity of the minor; and(1)(b)(iii) the birth date of each applicant.(1)(c) An individual may present the following documents to satisfy a requirement described in Subsection (1)(b):(1)(c)(i) for verifying the legal relationship between the minor and the minor’s parent or legal guardian, one of the following:(1)(c)(i)(A) the minor’s certified birth certificate with the name of the parent, and an official translation if the birth certificate is in a language other than English;(1)(c)(i)(B) a report of a birth abroad with the name of the minor and the parent;(1)(c)(i)(C) a certified adoption decree with the name of the minor and the parent; or(1)(c)(i)(D) a certified court order establishing custody or guardianship between the minor and the parent or legal guardian;(1)(c)(ii) for verifying the legal name and identity of the minor, one of the following:(1)(c)(ii)(A) an expired or current passport;(1)(c)(ii)(B) a driver’s license;(1)(c)(ii)(C) a certificate of naturalization;(1)(c)(ii)(D) a military identification(1)(c)(ii)(E) a state identification card; or(1)(c)(ii)(F) a government employee identification card from a federal, state, or municipal government; and(1)(c)(iii) for verifying the birth date of each applicant, one of the following for each applicant:(1)(c)(iii)(A) a certified birth certificate;(1)(c)(iii)(B) a report of a birth abroad;(1)(c)(iii)(C) a certificate of naturalization;(1)(c)(iii)(D) a certificate of citizenship;(1)(c)(iii)(E) a passport;(1)(c)(iii)(F) a driver’s license; or(1)(c)(iii)(G) a state identification card.(1)(d) An individual may not use a temporary or altered document to satisfy a requirement described in Subsection (1)(b).(2)(2)(a) The minor and the parent or legal guardian of the minor shall obtain a written authorization to marry from:(2)(a)(i) a judge of the court exercising juvenile jurisdiction in the county where either party to the marriage resides; or(2)(a)(ii) a court commissioner as permitted by rule of the Judicial Council.(2)(b) Before issuing written authorization for a minor to marry, the judge or court commissioner shall determine:(2)(b)(i) that the minor is entering into the marriage voluntarily; and(2)(b)(ii) the marriage is in the best interest of the minor under the circumstances.(2)(c) The judge or court commissioner shall require that both parties to the marriage complete premarital counseling, except the requirement for premarital counseling may be waived if premarital counseling is not reasonably available.(2)(d) The judge or court commissioner may require:(2)(d)(i) that the minor continue to attend school, unless excused under Section53G-6-204 ; and(2)(d)(ii) any other conditions that the court deems reasonable under the circumstances.(2)(e) The judge or court commissioner may not issue a written authorization to the minor if the age difference between both parties to the marriage is more than seven years.(3)(3)(a) The determination required in Subsection (2) shall be made on the record.(3)(b) Any inquiry conducted by the judge or commissioner may be conducted in chambers.(4)(4)(a) A parent or legal guardian who knowingly consents or allows a minor to enter into a marriage prohibited by law is guilty of a third degree felony.(4)(b) An individual is guilty of a third degree felony if the individual:(4)(b)(i) knowingly, with or without a license, solemnizes the marriage of an individual who is younger than 18 years old and the marriage is prohibited by law;(4)(b)(ii) without a written authorization from the juvenile court, solemnizes a marriage to which a party is a minor;(4)(b)(iii) impersonates a parent or legal guardian of a minor to obtain a license for the minor to marry; or(4)(b)(iv) forges the name of a parent or legal guardian of a minor on any writing purporting to give consent to a marriage of a minor. - Court: means :