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Family Law Keyed to Weisberg
Kirkpatrick v. District Court
Citation:64 P.3d 1056 (Nev. 2003)
Karen Karay and Bruce Kirkpatrick have joint legal and physical custody of their daughter, SierraDawn. In 1992, Karay and SierraDawn moved from California to New Mexico. In December 2000, when SierraDawn was 15 years old, she informed her mother that she wanted to marry her 48 year old guitar teacher, Sauren Crow. Karay approved of the marriage, but SierraDawn was not permitted to marry under New Mexico law. Thus, SierraDawn, Karay, and Crow traveled to Las Vegas so that SierraDawn and Crow could marry under Nevada law, which permits a minor under age 16 to marry based on one parent’s consent and judicial authorization. Karay filed for a petition for judicial authorization for SierraDawn’s marriage, stating that she has “seen no other couple so right for each other,” that they “have very real life plans at home, in the town which we all reside,” and that “their partnership and their talents will be most effectively utilized by this marriage.” The court found good cause under Nevada law for this marriage and issued a license. Crow and SierraDawn then got married in Las Vegas. Kirkpatrick, SierraDawn’s father, learned of this marriage and filed a petition seeking a writ of mandamus to compel the district court to vacate its order authorizing SierraDawn’s marriage and to annul the marriage.
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