{"data":{"id":"us-ky/krs-402.205","jurisdiction":"us-ky","citation":"KRS 402.205","heading":"Petition to court by seventeen year old for permission to marry --","body":"Evidentiary hearing -- Reasons for denying petition -- Effect of pregnancy --\nEmancipation of minor -- Other court-imposed condition -- Fee.\n(1) A minor who is seventeen (17) ye ars of age may petition the family court in the\ncounty in which the minor resides, or the District Court in that county if a family\ncourt division has not been established in that county, for an order granting\npermission to marry. The petition shall contain the following:\n(a) The petitioner's name, gender, age, date of birth, address, and how long the\npetitioner has resided at that address, as well as prior addresses and dates of\nresidence for the six (6) months preceding the petition;\n(b) The intended spouse's name, gender, age, date of birth, address, and how long\nthe intended spouse has resided at that address, as well as prior addresses and\ndates of residence for the six (6) months preceding the petition;\n(c) An affidavit attesting to the consent to marry signed by:\n1. The father or the mother of the petitioner, if the parents are married, the\nparents are not legally separated, no legal guardian has been appointed\nfor petitioner, and no court order has been issued granting custody of\npetitioner to a party other than the father or mother;\n2. Both the father and the mother, if both are living and the parents are\ndivorced or legally separated, and a court order of joint custody to the\nparents of the petitioner has been issued and is in effect;\n3. The surviving parent, if the parents were divorced or legally separated,\nand a court order of joint custody to the parents of the petitioner was\nissued prior to the death of either the father or mother, which order\nremains in effect;\n4. The custodial parent, as establ ished by a court order which has not been\nsuperseded, where the parents are divorced or legally separated and joint\ncustody of the petitioner has not been ordered; or\n5. Another person having lawful custodial charge of the petitioner;\n(d) A statement of the reasons why the petitioner desires to marry, how the parties\ncame to know each other, and how long they have known each other;\n(e) Evidence of the petitioner's maturity and capacity for self -sufficiency\nindependent of the petitioner's parents and the int ended spouse, including but\nnot limited to:\n1. Proof that the petitioner has maintained stable housing or employment\nfor at least three (3) consecutive months prior to the petition; and\n2. Proof that the petitioner has completed high school, obtained a Hig h\nSchool Equivalency Diploma, or completed a vocational training or\ncertificate program;\n(f) Copies of any criminal records of either party to be married; and\n(g) Copies of any domestic violence order or interpersonal protective order\ninvolving either party to be married.\n(2) Upon the filing of the petition for permission to marry, the court shall set a date for\nan evidentiary hearing on the petition that is no soon er than thirty (30) days but not\nlater than sixty (60) days from the date of the filing.\n(3) The petitioner may be represented by counsel in court proceeding pertaining to the\npetition to marry.\n(4) The court shall take reasonable measures to ensure that any representations made by\na minor party are free of coercion, undue influence, or duress. Reasonable measures\nshall include but are not limited to in camera interviews.\n(5) Following an evidentiary hearing, the court shall grant the minor's petition for\npermission to marry unless:\n(a) The age difference between the parties is more than four (4) years;\n(b) The intended spouse was or is a person in a position of authority or a position\nof special trust as defined in KRS 532.045 in relation to the minor;\n(c) The intended spouse has previously been enjoined by a domestic violence\norder or interpersonal protective order, regardless of whether or not the person\nto be protected by the order was the minor petitioner;\n(d) The intended spouse has been convicted of or  entered into a diversion\nprogram for a criminal offense against a victim who is a minor as defined in\nKRS 17.500 or for a violent or sexual criminal offense under KRS Chapter\n506, 507, 507A, 508, 509, 510, 529, 530, or 531;\n(e) The court finds by a prepon derance of the evidence that the minor was a\nvictim and that the intended spouse was the perpetrator of a sexual offense\nagainst the minor under KRS 510.040, 510.050, 510.060, 510.110, 510.120,\nor 510.130;\n(f) The court finds by a preponderance of the evid ence that abuse, coercion,\nundue influence, or duress is present; or\n(g) The court finds that it would otherwise not be in the minor party's best interest\nto grant the petition to marry.\n(6) A past or current pregnancy of the minor or the intended spouse s hall not be\nsufficient evidence to establish that the best interests of the minor would be served\nby granting the petition for marriage.\n(7) The granting of a petition for permission to marry filed under subsection (1) of this\nsection shall remove the disa bilities of minority. A minor emancipated by the\npetition shall be considered to have all the rights and responsibilities of an adult,\nexcept for specific constitutional or statutory age requirements, including but not\nlimited to voting, the use of alcohol ic beverages, and other health and safety\nregulations relevant to him or her because of his or her age.\n(8) The minor shall be advised by the court of the rights and responsibilities of parties\nto a marriage and of emancipated minors. The minor shall be pr ovided with a fact\nsheet on these rights and responsibilities to be developed by the Office of the\nAttorney General and the Cabinet for Health and Family Services. The fact sheet\nshall include referral information for legal aid agencies in the Commonwealth  and\nnational hotlines for domestic violence and sexual assault.\n(9) The court may make any other orders that the court deems appropriate for the\nminor's protection and may impose any other condition on the grant of the petition\nthat the court determines i s reasonable under the circumstances for the minor's\nprotection.\n(10) The court may set a fee not to exceed twenty dollars ($20) to file a petition for\npermission to marry under this section.","path":["KRS Chapter 402"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47597","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"54c70ad4a65dd769dfe14459f8390c53da87001dfc59a1c67fb17b139cd94531","source_id":"us-ky","stale":false,"prev":"us-ky/krs-402.200","next":"us-ky/krs-402.210"},"notice":"GroundRules: Original legal text. Not legal advice."}