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New York Laws - Domestic Relations 15-B

Temporary provisions authorizing issuance of marriage license, upon court order, without consent of a parent in armed forces of United St...

Temporary provisions authorizing issuance of marriage license, upon court order, without consent of a parent in armed forces of United States, merchant marine and allied forces, and absent from the United States. Notwithstanding the provisions of section fifteen of this chapter or any other provision of law, the written consent of a parent of a minor to the marriage of such minor may be dispensed with by order of a judge or justice of the supreme court of this state or the county judge of the county in which the minor resides or, in case the minor be a woman between fourteen and sixteen years of age, of such a justice of the supreme court or the county judge or judge of the children's court of the county in which such woman resides, upon proof satisfactory to such judge or justice that it is impracticable to require such consent because such parent is a member of the armed forces of the United States, merchant marine and allied forces, and is absent from the United States, and any such judge or justice is hereby authorized to make such an order if satisfied of the existence of such circumstances and that the public interest will not be injuriously affected by dispensing with such consent; provided, however, that no such order shall be granted except upon application therefor both by the minor whose parent is so absent and by the other parent, or if the other parent be dead or his or her consent to such marriage be unnecessary for any reason, then by the person under whose care or government the minor may be. Upon the filing of such an order with the town or city clerk, he shall issue the license without the written consent of the parent whose consent is ordered dispensed with therein, provided all the other provisions of this chapter in connection with the issuance of the license are complied with. The provisions of this section shall remain in force and effect only until July first, nineteen hundred forty-seven. * NB Expired July 1, 1947


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