Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I’m a 16-years-old and my grandma has guardianship over me, but the state says I’m a ward of them. Just recently I had a child. Her father is 26-years-old. Is my grandmother able to give us permission to get us married so he won’t go to jail? He wants to be a part of his daughter’s and my life but we weren’t sure if she is able to let us get married or not?
In regard to your first question, even if you get married, he may still go to jail depending on your state’s statutory rape laws. You will also have to research your state law to find out what the requirements are for minors being permitted to wed. You should contact a local family law attorney to find out your legal rights in wedding your boyfriend. He should talk to a criminal defense attorney if he is being investigated for violating any state laws that prohibit an adult from having sex with a minor.
