A legal loophole in Idaho that allows parents of teens to nullify child custody agreements by arranging child marriages will remain in effect, under a ruling from the state Supreme Court.
BOISE, Idaho — A legal loophole in Idaho that allows parents of teens to nullify child custody agreements byIn a split decision, the high court declined to decide whether— which allows 16- and 17-year-olds to marry if one parent agrees to the union — is unconstitutional. Instead, the justices said that once a child is emancipated by marriage, the family court loses jurisdiction over custody matters.
Erin Carver and William Hornish divorced in 2012, and only their youngest was still living at home last year when both sides began disputing the custody arrangements. The justices also declined to weigh whether the law is legal under the state constitution, saying in part that neither side provided enough legal arguments on the matter. The high court did find, however, that the law was not clearly unconstitutional.
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