Minor Marriage Investigations

MINOR MARRIAGE INVESTIGATIONS

Minor Marriage/ Domestic Partnership is addressed in Family Code sections 297.1, Family Codes sections 303-304, and CRC 5.448  referenced. 

In the State of California, a minor can only be issued a marriage license or domestic partnership after obtaining a court order granting permission to marry or establish a domestic partnership. 

When a minor requests to marry or establish a domestic partnership, the law requires the Court to personally interview the minor requesting to marry, the minor’s proposed spouse or domestic partner, and the minors’ legal parents/guardians. The parties are interviewed by Family Court Services staff unless the minor requesting to marry and the minor’s proposed spouse or domestic partner are age 17 or older, and the minors have received a GED Certificate or High School diploma, then they do not need to be interviewed by Family Court Services and there will be no report completed. In this specific case only, the petition to marry or enter a domestic partnership along with any attached verification documents will be sent directly to the Judge for review of the petition and a decision.

In all other cases, once your petition for Request of Minor to Marry or Establish a Domestic Partnership is filed, along with any related supporting documents (see packet instructions above), you or your attorney will provide a copy of your filed documents to Family Court Services, Room 204, at the Visalia Courthouse; or provide a set to the counter clerks at the South County Justice Center, which will be routed to Family Court Services. A copy of any subsequently filed documents should be provided to Family Court Services.

It is important that the minor requesting to marry AND the minor’s proposed spouse or domestic partner EACH complete this local form entitled FAM-200 -Request for Minor Marriage/Establish Domestic Partnership Questionnaire (Confidential) honestly and fully. You will be required to sign this questionnaire under penalty of perjury, declaring that all information you have provided is true and correct. You will file this with your petition requesting to marry or establish a domestic partnership.

MINOR MARRIAGE/DOMESTIC PARTNERSHIP INVESTIGATION PROCESS:

Once Family Court Services has been provided copies of the petition for Request for Minor Marriage/Domestic Partnership, and all supporting documentation, your case will be assigned to a Child Custody Recommending Counselor to conduct the investigation, and you will be provided a date for the interviews (usually occurs within 30-60 days of filing). Each party to be interviewed must present a VALID ID at the time of the interview.

The assigned child custody recommending counselor (CCRC) will meet with each of the parties named above separately at the Family Court Services offices and will write a report and make recommendations to the Court to include the following:

• any finding of potential force, threat, persuasion, fraud, coercion, or duress by either of the parties or their family members relating to the intended marriage.
• recommendations to either grant or deny the parties permission to marry or establish a domestic partnership.

NOTE: If FCS knows or reasonably suspects that either party is a victim of child abuse or neglect, FCS is required by law submit a report of the known or suspected child abuse or neglect to the county child protective services agency.

A copy of the report will be mailed to the parties named above, including any attorneys of record, prior to the court hearing date.

It is important to note that the Child Custody Recommending Counselor can only proceed with your investigation if all of the information referenced above is received. It is the responsibility of the minor requesting to marry to keep in contact with Family Court Services regarding the progress of your investigation.  If you have a change in contact information, it is mandatory that you notify Family Court Services staff at (559) 730-5000, Option 6 with this updated information. You will be directed to contact the Self-Help Resource Center or your attorney to file the necessary change of contact information with the Court, and to provide FCS with a copy. If FCS staff are not able to reach you to conduct the interviews, this will delay your court process.

CONTACT WITH THE CHILD CUSTODY RECOMMENDING COUNSELOR:

When the Child Custody Recommending Counselor (CCRC) contacts the minor requesting to marry/establish a domestic partnership, the CCRC will ask you questions about you and your household members so that an inquiry may be made to obtain any Child Protective Services involvement with the family. This is one reason why accurate and detailed information is necessary in the mandatory local form, FAM-200 -Request for Minor Marriage/Establish Domestic Partnership Questionnaire (Confidential), as noted above.  If this information is incomplete, this may also delay your court process. In addition, the CCRC checks local court records on the parties in the case and provides a summary of this information to the Court in the report. 

PREMARITAL/DOMESTIC PARTNERSHIP COUNSELING:

If the Court deems this is necessary before granting your petition, you may be ordered to attend premarital/domestic partnership counseling. It is highly recommended that the minor requesting to marry and the proposed spouse/domestic partner participate in pre-marital/domestic partnership counseling prior to filing their petition and file the proof of attendance. The local form to use and to have signed off by the counselor is:  https://www.tulare.courts.ca.gov/system/files/forms-and-filings/fcs-202-certification-premarital-counseling-updated-august-8-2022.pdf.  This form includes the suggested topics to review with the therapist.