Lawwly

Porter v. Arkansas Department of Health and Human Services

Supreme Court of Arkansas

286 S.W.3d 686 (Ark. 2008)

Relevant factsFree

The Arkansas Department of Health and Human Services (DHHS, plaintiff) petitioned to have Mark Porter's (defendant) two minor daughters, including 16-year-old D.P., found dependent-neglected after learning D.P.'s parents had consented to her marrying 34-year-old Ralph Rodriguez, whom they believed to be in his twenties. A guardian ad litem moved to void the marriage, and the trial court both found the girls dependent-neglected and voided D.P.'s marriage on three separate grounds: misrepresentation of Rodriguez's age, D.P.'s best interests, and D.P.'s lack of mental capacity -- the last based largely on D.P.'s combative courtroom demeanor, including outbursts and faces made at attorneys, rather than her condition at the time of the marriage. Porter appealed both the neglect finding and the marriage annulment.

IssueFree

Whether a 16-year-old may lawfully marry with parental consent so long as she is capable of understanding the nature, effect, and consequences of the marriage and did not consent based on a misrepresentation, and whether a court may void a marriage for lack of mental capacity based on the party's later courtroom behavior rather than her capacity at the time of the marriage.

Unlock the full brief

Free accounts read 20 full briefs. No card required.