Youth who are 16 or 17 years old may not marry unless they have:

 •   the consent of a parent or other person designated by a court; or

 •   a court order authorizing the marriage.

A parent loses the right to consent to marriage when parental rights are terminated or when a court grants the right to consent to another person or entity.

When DFPS is appointed as the sole temporary or permanent managing conservator, DFPS automatically has the right to consent to the marriage unless the order granting DFPS managing conservatorship specifically:

 •   denies DFPS the right to consent; or

 •   grants the right to another person.

If consent is not obtained for a 16- or 17-year old youth, as described above, or the youth is under the age of 16, a court order is required before the youth can marry.

Texas Family Code §§2.101-103 and §153.371

If a 16- or 17-year-old youth who is in DFPS conservatorship asks to marry, the caseworker must consult with legal and notify the court.

The youth’s caseworker must review the court order granting managing conservatorship to DFPS to determine if there is anything in the order that limits DFPS’s right to consent to marriage on behalf of the youth (this would be uncommon).

If the court has not denied DFPS the right to consent or the court has not specifically granted the right to someone else, the youth’s caseworker must determine:

 •   whether the marriage is in the best interest of the youth; and

 •   if there is any possible impediment to the marriage (such as if the youth is already married to someone else).

If the caseworker concludes that the marriage is in the best interest of the youth and that there is no impediment to the marriage, the caseworker must inform the court of DFPS’s intent to consent before the marriage takes place.

If the caseworker concludes that it is not in the youth’s best interests for DFPS to consent to the marriage, the caseworker must inform the court of DFPS’s intent to withhold consent. The court may issue an order authorizing the youth to marry without DFPS consent.

If the youth obtains consent to marry from DFPS or from the court, the youth’s caseworker must encourage the youth’s parents and caregivers to be supportive of the marriage and participate in the planning of the wedding.

Exception: The caseworker does not ask a youth’s parent to participate if:

 •   the parent cannot be found;

 •   parental rights have been terminated;

 •   the parent has executed an affidavit of relinquishment, as specified in 5562 Voluntary Termination of Parental Rights; or

 •   the youth objects to the participation of the parent in the youth’s wedding.

Staff contact the regional attorney if there are questions regarding:

 •   annulment of a prior marriage or divorce; or

 •   DFPS’s right to consent to marriage, such as when:

 •   multiple conservators have been appointed, or

 •   DFPS has been appointed as possessory, rather than managing, conservator.