Family Law Archive

Monday

19

February 2024

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COMMENTS

Question: Is it legal to marry your first cousin?

Written by , Posted in Family Law

marriage of relatives next to lake alabama

Answer 1 : It may be legal. The answer depends on your state’s laws if it is legal or not to marry your first cousin in the United States. In some cultures it’s much more common, and I know of several acquaintances that that have married first cousins. Though second cousin marriage is much more common  Below is the state-by-state outline:

States Allowing First Cousin Marriages Without Restrictions:

  • Alabama: Yes it is legal in this state. Alabama Code Title 30. Marital and Domestic Relations.
  • Alaska: Yes it is legal in this state. Alaska Statutes Title 25. Marital and Domestic Relations.
  • California: Yes it is legal in this state. California Family Code, Division 3, Marriage.
  • Colorado: Yes it is legal in this state. Colorado Revised Statutes Title 14. Domestic Matters.
  • Connecticut: Yes it is legal in this state. Connecticut General Statutes Title 46b. Family Law.
  • District of Columbia: Yep it is legal in this state. D.C. Code § 46-401.01. Marriages.
  • Florida: Yes it is legal in this state. Florida Statutes Title XLIII, Domestic Relations.
  • Georgia: Yep it is legal in this state. Georgia Code Title 19. Domestic Relations.
  • Hawaii: Yes it is legal in this state. Hawaii Revised Statutes § 572-1. Marriage.
  • Maryland: Yes it is legal in this state. Maryland Family Law Code, Title 2. Marriage.
  • Massachusetts: Yes it is legal in this state. Massachusetts General Laws, Chapter 207. Marriage.
  • New Jersey: Yes it is legal in this state. New Jersey Statutes Title 37. Marriages and Married Persons.
  • New Mexico: Yes it is legal in this state. New Mexico Statutes Chapter 40. Domestic Affairs.
  • New York: Yes it is legal in this state. New York Domestic Relations Law, Article 3.
  • North Carolina: Yes, it is legal in this state. North Carolina General Statutes Chapter 51. Marriage.
  • Rhode Island: Yes, it is legal in this state. Rhode Island General Laws Title 15. Domestic Relations.
  • South Carolina: Yep, it is legal in this state. South Carolina Code of Laws Title 20. Domestic Relations.
  • Tennessee: Yes it is legal in this state. Tennessee Code Title 36. Domestic Relations.
  • Vermont: Yes it is legal in this state. Vermont Statutes Title 15. Domestic Relations.
  • Virginia: Yes it is legal in this state. Code of Virginia Title 20. Domestic Relations.

States with Restrictions:

  • Arizona: Maybe legal, there are conditions. Please see: Arizona Revised Statutes § 25-101. Conditions for marriage.
  • Illinois: Maybe legal, there are conditions. Please see: 750 ILCS 5/212. Illinois Marriage and Dissolution of Marriage Act.
  • Indiana: Maybe legal, there are conditions. Please see: Indiana Code Title 31. Family Law and Juvenile Law.
  • Maine: Maybe legal for you, there are conditions. Please see: Maine Revised Statutes Title 19-A, §650. Marriage.
  • Utah: Maybe legal, there are conditions. Please see: Utah Code § 30-1-1. Marriages prohibited and void.
  • Wisconsin: Maybe legal, there are conditions. Please see: Wisconsin Statutes & Annotations § 765.03. Marriage contract, how made; officiating person.

States Prohibiting First Cousin Marriages:

  • Arkansas: No, it is not legal for you. Please see: Arkansas Code Title 9. Family Law.
  • Delaware: No, it is not legal. Please see: Delaware Code Title 13. Domestic Relations.
  • Idaho: No, it is not legal. Please see: Idaho Code Title 32. Domestic Relations.
  • Iowa: No, it is not legal in this state. Please see: Iowa Code Title XV. Judicial Branch and Judicial Procedures.
  • Kansas: No, it is not legal. Please see: Kansas Statutes Chapter 23. Family Law.
  • Kentucky: No, it is not legal here. Please see: Kentucky Revised Statutes Title XXXV. Domestic Relations.
  • Louisiana: No, it is not legal. Please see: Louisiana Civil Code.
  • Michigan: No, it is not legal. Please see: Michigan Compiled Laws § 551.3. Marriage between certain individuals prohibited.
  • Minnesota: No, it is not legal in this state. Please see: Minnesota Statutes § 517.03. Prohibited marriages.
  • Mississippi: No, it is not legal. Please see: Mississippi Code Title 93. Domestic Relations.
  • Missouri: No, it is not legal. Please see: Missouri Revised Statutes § 451.020. Marriage licenses.
  • Montana: No, it is not legal. Please see: Montana Code Annotated Title 40. Family Law.
  • Nebraska: No, it is not legal in this state. Please see: Nebraska Revised Statutes Chapter 42. Marriage.
  • Nevada: No, it is not legal. Please see: Nevada Revised Statutes Chapter 122. Marriage.
  • New Hampshire: No, it is not legal. Please see: New Hampshire Revised Statutes Title XLIII. Domestic Relations.
  • North Dakota: No, it is not legal. Please see: North Dakota Century Code Title 14. Domestic Relations and Persons.
  • Ohio: No, it is not legal in this state. Please see: Ohio Revised Code Title XXXI. Domestic Relations – Children.
  • Oklahoma: No, it is not legal. Please see: Oklahoma Statutes Title 43. Marriage.
  • Oregon: No, it is not legal. Please see: Oregon Revised Statutes Title 11. Domestic Relations.
  • Pennsylvania: No, it is not legal. Please see: Pennsylvania Consolidated Statutes Title 23. Domestic Relations.
  • South Dakota: No, it is not legal. Please see: South Dakota Codified Laws Title 25. Domestic Relations.
  • Texas: No, it is not legal in the Lone Star State. Please see: Texas Family Code.
  • Washington: No, it is not legal. Please see: Revised Code of Washington Title 26. Domestic Relations.
  • West Virginia: No, it is not legal. Please see: West Virginia Code Chapter 48. Domestic Relations.
  • Wyoming: No, it is not legal up here. Please see: Wyoming Statutes Title 20. Domestic Relations.

Outside of the USA? We don’t know the laws and regulations of other countries and don’t want to comment on them. Please do your own research and get legal counsel in whichever country you’re in if you plan to marry a relative or family member.

Additional In-Depth Attorney Answer:

It is legal to marry your first cousin in North Carolina. However, you cannot marry a double first cousin in North Carolina.

[CONTACT Charles R. Ullman – THE ATTORNEY WHO ANSWERED THIS QUESTION]

Additional In-Depth Attorney Answer:
Yes, in the State of Florida you can marry your 1st cousin. Florida Statute §741.21 prohibits marriages between people related by lineal consanguinity (relation in a direct line such as between parent, child and grandparent). It also prohibits a man from marrying his sister, aunt or niece and it prohibits a woman from marrying her brother, uncle or nephew. There is no prohibition against marrying a cousin. Several famous people have married their cousins including Franklin Delano Roosevelt, Albert Einstein and Rudy Giuliani.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]

Saturday

16

July 2022

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COMMENTS

Question: Is it legal to take your child on a long vacation when school is in session?

Written by , Posted in Family Law

Answer: Each U.S. state has truancy laws that vary in their strictness. Truancy means absent from school without permission.

For example, in California, all children between the ages of six and eighteen are required to attend public school, with exceptions for those who are homeschooled, attend private school, or who have special needs. Parents can be fined up to $2,500 and may face up to one year in jail if they permit their child to miss ten percent or more of school days. But only in the most chronic cases will school officials initiate legal action against a student or parents.

But many school districts have policies specifically designed to allow parents to take children out of school for longer family vacations. In some school districts, if a child will be absent for 5-15 days, parents may request Short Term Limited Independent Study. The teacher will then provide academic assignments for the student to complete while on vacation. After vacation, all completed work must be returned in order to receive academic credit. Remember that policies vary widely by school district and state, so contact your school first.

[CONTACT THE ATTORNEY WHO ANSWERED THIS QUESTION]