3 Jul 2013, 9:03 PM
Does incarceration fulfill a requirement for...
Does incarceration fulfill a requirement for identification purposes on an Affidavit of Absent Application of a Dallas County Marriage License. The affiant (is that the right word?) does NOT have a photo ID only an original birth certificate and an affidavit of credible witness for identification. It is a whole mess, and I keep telling the lady I am not an attorney but there does not seem to be a remedy for them other than he has a one year old son and a judge in New Jersey issued a warrant and Dallas county is holding him. I just want her to stop calling...but what can you do.
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4 Jul 2013, 3:52 AM
- Job Title:
- Attorney At Law
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- Law Degree
Hello there - - Are they seeking to be married and the county is requiring a picture identification for the marriage license or to get married? Can you clarify this situation for me? - - THanks MARY
4 Jul 2013, 9:01 AM
Hi Mary...yes...i am a notary, process server, and marriage officiant. They want to get married so the judge will release him as he is only being held in Dallas County jail at the request of New Jersey. The judge was not very happy, so this lady says. A jailhouse marriage of course is an option, however he does not have a photo ID. I was not sure if being incarcerated gave a remedy for a notarization on the absentee affidavit or not. I am suspecting not, but I wanted to be sure before declining the work. The guy has a one year old son and that is what is actually driving my concern, they just arrived in Texas and it is holiday weekend....I have no problem with the solemnization of marriage...I was thinking of issuing a subpoena, and seeing if the judge could use that, but I bet it has been decades since a notary used that particular ability - and I would need an attorney to request it I think...what a mess they are in.
4 Jul 2013, 1:53 PM
Hllo again - What charges is he being held on? Do you know? - Did the jail fingerprint him and confirm his identity? - Why will a marriage get him released? - I am concerned because I do not want you to do anything that may get you in trouble or cause you to lose your notary powers. - - MARY
4 Jul 2013, 2:01 PM
Hi there...yes I don't need a Dallas judge focusing on me, I am not sure the charges...however she admitted they where using the marriage as a tactic...they need representation...but since he is waiting for New Jersey to come pick him up he is stuck, from what I am allowed to do...she is desperate As there is a one-year-old involved and if something happened to him and the father was incarcerated and the child needed medical I don't know what she would do...I may refer her to a friend of mine if I can locate....he is in Houston though and my client I serve process for
4 Jul 2013, 2:03 PM
If something happened to the baby I would feel very bad I don't like these types of calls!
4 Jul 2013, 2:33 PM
Hello there - In any event, incarceration is generally not an acceptable form of ID for marriage purposes but it is very strange -- unless you can get the SHeriff or someone at the jail to certify in an affidavit that his fingerprints ID him and they are satisfied that he is who he says he is. My gut tells me that you should simply try to find him a lawyer and not get involved with this matter. I know that may not be the best answer but the feds are getting very strict with identification since 9/11 and you do not want to do anything to jeapordize your notary commission (I am a notary myself). - - MARY
4 Jul 2013, 3:02 PM
I totally agree with you...thank you very much...I have been getting very strange requests lately, especial with minor travelling.. and I just did not know what to tell her she call 4 times yesterday. :) But you have given me enough as I had fulfilled my promise to "look" into and determine if a notary could assist in her situation, and the answer is no. Have a great day!
4 Jul 2013, 3:21 PM
Hello again -- - Best of luck. Can I ask you to please press the 3rd, 4th or 5th STAR below so I will be paid for my time? I am not paid anything unless you do so and you are on a subscription plan so it will not cost you any additional money to do so. - MARY
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