Family Law Keyed to Weisberg
Moe v. Dinkins
Facts
A New York Domestic Relations Law provided that all male marriage license applicants between 16 and 18 and all female applicants between 14 and 18 must obtain written consent from both parents (that are living). Section 15.3 of the law requires women between the ages of 14 and 16 to obtain judicial approval of the marriage in addition to parental consent. Plaintiff Raoul Roe, 18, and Plaintiff Maria Moe, 15, had a one year old son, Plaintiff Ricardo Roe. Plaintiffs live together as a family unit and desire to be married to cement their family unit and remove the stigma of illegitimacy from their son. Maria requested consent from her widowed mother to marry Raoul, but she refused, allegedly because she wished to continue receiving welfare benefits for Maria. Proposed plaintiff-intervenors Pedro Doe, 17, and Christina Coe, 15, reside in the home of Pedro’s father and step-mother. Christina is eight months pregnant with Pedro’s child. Christina’s mother refused a Christina’s request to marry Pedro, and arranged for Christina to have an abortion. Christina refused to do so, and consequently her mother told her she wished to have nothing more to do with her and was leaving the country to return to the Dominican Republic.
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