• Announcements

    • KC

      Get Smart on the Web   09/16/2016

      Be informed on better ways to stay safe on the web -- Source: Mozilla
Zach

Legalities in Texas

This topic has had no activity within the past six months. It is recommended that you start a new topic instead of replying to old topics.

9 posts in this topic

My cousin and I are in a serious relationship, and while our parents are accepting, they have some legal concerns for our relationship. I know we cannot legally marry in Texas, but I heard we can tie the knot in another state and Texas would honor this. Can anyone help and point us in the right direction?

0

Share this post


Link to post
Share on other sites

........................... Can anyone help and point us in the right direction?

Yup. Northwest, to Colorado. I would have to rehash the statutes, but, IIRC, Texas will NOT recognize it, they would consider it criminal incest, and COULD come after you. If you resided in another State, were legally married there, it still wouldn't matter, other than I doubt they would risk a case that could overturn the statute. However, they MIGHT be inclined to if you go elsewhere to specifically "skirt" the law, then return, thereby poking a finger in the eye of the State.

If it were me, I'd be a looking for some new digs in say, Colorado or New Mexico. Not TOO terribly far away, but perfectly legal. You may think you don't have the money to move, but, you certainly don't have the money to fight needless court battles either. And, even if you don't (read CAN'T) get married there, in Texas, you're facing felony incest charges if perchance you have, shall we say "adult" relations. I'd be looking for a job in one of those two States, and lacing up my traveling shoes. I did an update of the State laws not long ago, so I'll copy/pasta what I found for you.

Texas

SUBCHAPTER C. DECLARING A MARRIAGE VOID

Sec. 6.201. Consanguinity.

A marriage is void if one party to the marriage is related to the other as:

(1) an ancestor or descendant, by blood or adoption;

(2) a brother or sister, of the whole or half blood or by adoption;

(3) a parent's brother or sister, of the whole or half blood or by adoption;or

(4) a son or daughter of a brother or sister, of the whole or half blood or by adoption.

Incest

Sec. 25.02. PROHIBITED SEXUAL CONDUCT. (a) A person commits an offense if the person engages in sexual intercourse or deviate sexual intercourse with another person the actor knows to be, without regard to legitimacy:

(1) the actor's ancestor or descendant by blood or adoption;

(2) the actor's current or former stepchild or stepparent;

(3) the actor's parent's brother or sister of the whole or half blood;

(4) the actor's brother or sister of the whole or half blood or by adoption;

(5) the children of the actor's brother or sister of the whole or half blood or by adoption; or

(6) the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption.

(B) For purposes of this section:

(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person with intent to arouse or gratify the sexual desire of any person.

(2) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

© An offense under this section is a felony of the third degree, unless the offense is committed under Subsection (a)(1), in which event the offense is a felony of the second degree.

("Skirting")

Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this state applies to persons married elsewhere who are domiciled in this state.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

In Subchapter C, Sec. 6.201. Consanguinity, I don't see first cousins specified, but, I am reasonably sure it has been added. Irregardless, under Incest

Sec. 25.02. PROHIBITED SEXUAL CONDUCT, they ARE noted specifically, with no waiver for "legally married" there, or wherever. Which brings us to ("Skirting")

Sec. 1.103. PERSONS MARRIED ELSEWHERE, where you will see, they could care less about THAT either.

The best advice I personally can give you, is to move. Sorry. In this case, your parents acceptance is more than admirable, and their concerns are just as valid. Again, sorry I couldn't be the bearer of better news.

0

Share this post


Link to post
Share on other sites

Thanks for the info. We will look into the possibility of moving - I have to look closely as my divorce papers, bit I think there was a line put in that neither party can move out of state.

0

Share this post


Link to post
Share on other sites

Zach,

Yeah, read them carefully. We're not lawyers, and don't give legal advice, but several of us have been there, done that.

No matter what they say, they can always be amended, and/or visitation of children modified. That can happen smoothly, or it can be ugly. If there is joint custody involved, it could get tricky, as that would have to be modified. If you find work elsewhere, and explain to the Court that you have this opportunity you wish to take advantage of, and ask the Court to relieve you of your obligation to remain in the State, the judge may be inclined to do so. Situations change. The economy is changing. People are moving all over the place for work. If you are paying child support, the Court would want to see that continue. It WILL continue. If it is joint custody, without child support, you will most likely be looking at paying it going forward. If you are the custodial parent, whether your ex pays child support or not, (she, I assume, by your user name) will most likely try to gain custody. It could get ugly. Remember two things. "If it isn't on video, it didn't happen", and "nobody talks, everybody walks". Have no empirical evidence against you. Take full advantage of your 5th Amendment rights, if need be, or you are so inclined. (Which, incline yourself, if you are not already.) 

Speaking of which, now that we've established there is at least one ex involved, how does she (again, I assume) feel about this relationship? As accepting as the parents? Or, have you been able to be so discrete as to keep it under wraps? 

0

Share this post


Link to post
Share on other sites

We have joint custody of the children, and she does know who I'm seeing. She acts accepting of it to our faces and for the children, but what she says behind my back could be completely different. On the plus side she has been easy going so far regarding our divorce, so that may work in our favor.

0

Share this post


Link to post
Share on other sites

In addition, no one in our community, save two close friends we trust 100%, knows we are cousins.

0

Share this post


Link to post
Share on other sites

Zach,

Well, until you are ready to make whatever move you do, I would remain on the very down low about the cousin thing. You two are first cousins I assume? I'm wondering how nobody but two people know, unless you are further than first cousins. If you are further than first cousins, then you CAN get married there.

0

Share this post


Link to post
Share on other sites

We are first cousins, but grew up in different states. Moving to her home state is not an option, even though cousin couples are legally accepted. The job situation for my is horrible there and the cost of living is way too high. When she moved here, I never introduced her as my cousin - just as my girlfriend. We confided in these two extremely close friends and they accept us 100% and gave us the advice that no one will know unless we clue them in.

0

Share this post


Link to post
Share on other sites

Zach,

Well, I stand by my advice so far then, and if her home State isn't an option, then I'd still be finding one that is, and doing what I could to make that happen. To stay will require extreme discretion. Clue NO ONE ELSE in. Long term, it could become extremely burdensome. Don't let it wear on the relationship.

0

Share this post


Link to post
Share on other sites

Your content will need to be approved by a moderator

Guest
You are commenting as a guest. If you have an account, please sign in.
Reply to this topic...

×   You have pasted content with formatting.   Remove formatting

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor