Some parents will do anything to prevent their ex-spouses from gaining custody of the kids, including forcing underage children to marry strangers against their will. Here's more information about this heinous trend and what you can do if your ex attempts to take similar action.
Marriage Terminates Custody Rights
It may seem strange that a parent would take—what appears to be—the nuclear option and force their child to get married just to avoid sharing or losing custody of them. However, it starts to make sense when you realize marriage emancipates minors, thus terminating the parent's rights and responsibilities to them. Thus, neither you nor your ex would have any custody rights over the child after they get married.
Unfortunately, minors in this situation often still find themselves under the control of the people they're living with, i.e. the parent and spouse. This is because, even though the child is emancipated, they cannot legally enter contracts until they are 18, so they wouldn't be able to rent housing, get a bank account, or do other things that would afford them the ability to live independently.
Additionally, the child may be subjected to abuse or religious indoctrination that forces them to remain compliant with the will of the adults in their life. So, even though you may not legally have access to your child any longer, your ex will likely have manipulated the circumstances to ensure the child stays under their control, and you'll need the help of an attorney to rectify the situation.
Legal Intervention Required to Reverse the Marriage
Underaged people can get married as long as they have their parents' permission. In many states, only one parent needs to approve the marriage, which is why it's relatively easy to terminate the co-parent's custody rights using this method.
Sadly, terminating the marriage and getting your parental rights back can be very challenging. You'll have to get the marriage annulled, which requires asking a judge to rule the marriage invalid based on an accepted legal justification, such as fraud. Unfortunately, the child's age may not be considered a valid objection if they are over the state's legal age of consent for marriage, which is as young as 12 in some places.
Once the marriage is terminated, you'll still have to go to court and get awarded custody of the child. Your ex forcing your child to get married to circumvent the courts will likely work in your favor, but you should still enlist the help of a family law attorney. The lawyer can walk you through all the steps needed to reclaim your parental rights and help you effectively argue your case in court to achieve the outcome you want.
For more information about unique child custody issues like this or assistance with other divorce problems, contact a local divorce attorney.
Share