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If I have gay marriage with a minor with parental consent in Maryland, will she still be emancipated when we go back to Ohio?

Ashtabula, OH |

Getting married will automatically make the minor emancipated. I want to know if she will still be considered emancipated when we go back to Ohio because we would only travel to Maryland to get married. A right of emancipated minors is choosing where to live. But Ohio does not recognize same sex marriage. Will she still be emancipated?

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Attorney answers 1


Since Ohio doesn't recognize same sex marriage or provide any of the benefits by law of marriage, I would say no. My recommendation would be that you go through the process of formally emancipating the minor here before you go to Maryland to get married. Or wait until the inevitable happens when Ohio finally begins to recognize / allow same sex marriages. Good luck to you.

I hope that this information is helpful to you. If so, please mark it as "helpful" or "best answer." The information provided here is general in nature and is not to be considered legal advice. No attorney-client relationship is intended nor created. As an Ohio attorney not licensed in any other jurisdiction, any information provided here is solely based on Ohio law and general legal principles. The information provided here should not be put into practice without specifically consulting an attorney in your jurisdiction. Do not proceed without first discussing this matter with your own local attorney.



How would she prove she is emancipated?

William Joseph Reynolds

William Joseph Reynolds


Ohio doesn't have a formal process for "emancipation". Emancipation occurs either when a person is (legally) married or enters the military. You can become the person's legal guardian through the probate court - that would be recognized with or without the marriage but until they're 18, unless one of those conditions is met, they are not legally emancipated. The easiest way to do this is to be patient, wait until the person is 18, and then they can do what they want. Patience is a virtue.

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