Rule 42 - Consent to Marry(A) Application for Juvenile Court consent.(1) When two persons, both age seventeen, seek to be joined in marriage, both persons shall file an application under oath requesting that the juvenile court give consent and approbation in the probate court for such marriage.(2) When a person age seventeen desires to be joined in marriage to an adult who is no more than four years older, the minor shall file an application under oath in the county where the minor resides requesting that the juvenile court consent and approbation in the probate court for such marriage.(B) Application where both persons are age seventeen. The application required by division (A)(1) of this rule shall contain all of the following:(1) The name, address, and date of birth of the person seeking consent;(2) An affirmation that the person seeking consent is age seventeen;(3) The name and date of birth of the other person to be joined in marriage;(4) An affirmation that the other person to be joined in marriage is also seventeen.(5) An affirmation that the application is being filed in the juvenile court of the county where the he/she resides, and that a similar application has not been filed in a juvenile court of another county within the state;(6) An affirmation that the applicant is one of the following: (a) A member of the armed services;(b) Employed and self-subsisting;(c) Independent from the care and control of his or her parent, guardian, or custodian.(7) An affirmation that the applicant who is to marry is free from force or coercion;(8) The name and address of a parent, legal guardian, or legal custodian of the person seeking consent with whom the juvenile court shall consult, and;(9) The Court should find by clear and convincing evidence that the intended marriage and the emancipation is in the best interest of the applicant.(C)Contents of application where only one person is age seventeen. The application required by division (A)(2) of this rule shall contain all of the following:
(1) The name, address, and date of birth of the person seeking consent;(2) An affirmation that the person seeking consent is age seventeen;(3) The name and date of birth of the other person to be joined in marriage;(4) An affirmation that the other person to be joined in marriage is no more than four years older than the person seeking consent;(5) An affirmation that the application is being filed in the juvenile court of the county where he or she resides, and that a similar application has not been filed in a juvenile court of another county within the state;(6) An affirmation that the applicant is one of the following: (a) A member of the armed services;(b) Employed and self-subsisting;(c) Independent from the care and control of his or her parent, guardian, or custodian.(7) An affirmation that the applicant who is to marry is free from force or coercion;(8) The name and address of a parent, legal guardian, or legal custodian of the person seeking consent with whom the juvenile court shall consult, and;(9) The Court should find by clear and convincing evidence that the intended marriage and the emancipation is in the best interest of the applicant.(D) The Court shall appoint an attorney as guardian ad litem for each party to the intended marriage who is seventeen years of age.(E)Consultation. The court shall consult with the parent, legal guardian or legal custodian of each person age seventeen seeking consent, as well as the guardian ad litem appointed for each person age seventeen seeking consent. The purpose of this consultation is to determine if the intended marriage is in the best interests of each person age seventeen and whether each person age seventeen has the capacity of a person of the age of eighteen years or more as described in R.C. 3109.01.(F) Notice. The court shall cause notice of the date and time of consultation to be given to the applicant, guardian ad litem, and parent, legal guardian, or legal custodian of each person age seventeen seeking consent. All proceedings shall be recorded.(G) Judgment. The court shall grant the consent to marry if the court finds: (1) The information stated in the application is true;(2) The party to the intended marriage, who is seventeen, decision to marry is free from force or coercion;(3) Granting of the application is in the best interest of each person age seventeen seeking to be joined in marriage, and;(4) Each person age seventeen has the capacity of a person of the age eighteen years or older, as described in R.C. 3109.01.(H) Certified copy. A certified copy of the judgment entry shall be transmitted by the juvenile court to the probate court in the county where the application for a marriage license was filed or will be filed.(I)Denial of application. Upon denial of the application, the Clerk is instructed to provide the applicant with the Notice of Appeal form and advise him or her of the right to an appeal.Effective:7/1/1972; amended effective 7/1/1980;7/1/1994; amended March 12, 2020, effective 7/1/2020.