M
Maxirad
Guest
Let’s say that two people get married just so one of the spouses can regain custody of a child from a previous relationship. Would such a marriage be canonically invalid?
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1
1ke
Guest
It depends. Not enough information.
V
Vico
Guest
It is not valid if there is simulation, which would be the case if the only purpose for the marriage was custody.Let’s say that two people get married just so one of the spouses can regain custody of a child from a previous relationship. Would such a marriage be canonically invalid?
**CIC
****Canon 1055 **§1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.
Canon 1056
The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness by reason of the sacrament.**
Canon 1101 **
§1 The internal consent of the mind is presumed to conform to the words and signs used in celebrating the marriage.
§2. If, however, either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly.
O
otjm
Guest
If custody was lost, it was lost for one or more reasons, and the likelihood is that being unmarried was not one of the reasons that custody was given to someone else (presumably the other parent).
Therefore, in order to obtain a change of custody (again, presuming that custody was decided by a court) it is likely the court will require several things, among them, that whatever the original reasons were for denying custody to this individual, at least one, if not several of the reasons no longer apply due to a change of circumstances; and, importantly, that a change of custody would be in the best interest of the child.
So, for example, if the non custodial parent marries someone who has a 5 bedroom house in an affluent area, with good schools and etc., that would not in and of itself be grounds for a change; and if the non custodial parent lost custody to begin with because of poor parenting skills, marrying does not change that.
In addition, even if the skills have changed, the court could still deny any change of custody because of the time that the child has been with the custodial parent; children are not cargo which can be shifted from one (ware)house to another as if such moves would have no impact.
All of this is separate from any question as to the sacramental validity of a marriage which may be in part, if not in whole, done in order to attempt to change custody. It is possible that the party seeking custody would only be simulating marriage, which would go to intent; but that is a complex question and outside the scope of this forum.
Therefore, in order to obtain a change of custody (again, presuming that custody was decided by a court) it is likely the court will require several things, among them, that whatever the original reasons were for denying custody to this individual, at least one, if not several of the reasons no longer apply due to a change of circumstances; and, importantly, that a change of custody would be in the best interest of the child.
So, for example, if the non custodial parent marries someone who has a 5 bedroom house in an affluent area, with good schools and etc., that would not in and of itself be grounds for a change; and if the non custodial parent lost custody to begin with because of poor parenting skills, marrying does not change that.
In addition, even if the skills have changed, the court could still deny any change of custody because of the time that the child has been with the custodial parent; children are not cargo which can be shifted from one (ware)house to another as if such moves would have no impact.
All of this is separate from any question as to the sacramental validity of a marriage which may be in part, if not in whole, done in order to attempt to change custody. It is possible that the party seeking custody would only be simulating marriage, which would go to intent; but that is a complex question and outside the scope of this forum.
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