When either party is a minor, no license shall be granted without the written consent under oath of: (1) Either one of the parents of such minor, if the parents are living together; (2) the parent having the legal custody of such minor, if the parents are living separate and apart from each other; (3) the surviving parent, if one of the parents of such minor is deceased; or (4) the guardian, conservator, or person under whose care and government such minor may be, if both parents of such minor are deceased or if such guardian, conservator, or person has the legal and actual custody of such minor. The county clerk shall be justified in issuing the license, without further proof, upon receiving an affidavit setting forth the facts with reference to the conditions above specified and giving consent to the marriage, signed by the person authorized to give written consent under such circumstances.
Notes of Decisions
Cited in
5
cases, 1965–2005 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§§ 40-1-202 , 40-1-213 (2003) Nebraska 19 Neb. Rev. Stat. § 42-105 (2004) (minors must have parental consent to marry); § 43-2101 (defining "minor" as a person under 19) Nevada 18 Nev.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Neb. Rev. Stat. § 42-105 (1984) Nev. Nev.”
Houghton v. Houghton, 137 N.W.2d 861 (Neb. 1965).
· cites it 4× “For instance, if she should desire to get married upon reaching marriageable age, before attaining the age of 21 years, she must obtain the consent for marriage under the provisions of section 42-105, R.R.S.1943. Under the provisions of the decree, the mother cannot sign the…”
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002).
“090 (2) (West 1997) (parent having custody); Neb.Rev.Stat. § 42-105 (1998) (parent having custody); NRS 122.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.