Lawyer reveals why judge could’ve stopped mum of 16 Ohio children from marrying at 15 but didn’t

A West Virginia lawyer has explained why the judge could have stopped the marriage of Elizabeth Siders, the mum of the 16 children rescued from an Ohio home, but ultimately didn’t.

Elizabeth Siders is one of four family members charged. Authorities found 16 children living in what they described as horrific conditions inside a home in Ohio. Elizabeth, her husband Gary Siders Jr., and his parents have all pleaded not guilty.

Neighbours and relatives of the Siders family have since spoken out.

As investigators continue looking into the family’s background, new details have emerged about Elizabeth’s marriage nearly 20 years ago. According to court records, Elizabeth was just 15 years old when she married Gary Siders Jr., who was 18, in Mason County, West Virginia, in 2008.

Just two months later, the oldest child in the case was born. The next child was born when Elizabeth was 16.

So, why wasn’t the marriage stopped?

via Southern Ohio Regional Jail

Speaking to WSYX ABC 6, West Virginia family law attorney Amanda Alexander explained that the marriage was legal under the state’s laws at the time.

“There was no age minimum to marry in West Virginia,” she said, explaining that a 15-year-old could marry with the consent of their parents.

But Alexander said, “The judge absolutely could have stopped this marriage.”

She explained that although a judge had the power to refuse the marriage licence, the law did not require the court to investigate the relationship before making a decision. Alexander said she would have wanted much more information before approving a marriage involving a minor.

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She said, “I would want to know the relationship between the two. I’d want to appoint a guardian ad litem to interview the bride separately.”

When asked whether courts should make sure a child is not being victimised before allowing a marriage, she replied, “Absolutely.”

Investigators haven’t said whether Elizabeth is a victim

via WSAZ

Authorities have not said whether Elizabeth Siders is also being treated as a possible victim in the ongoing investigation. When asked about that last week, Vinton County Sheriff Ryan Cain said, “That is all still part of the ongoing investigation at this time. We can’t continue on that.”

Alexander also wondered if there were chances to help much earlier. She said, “Did she receive prenatal care as a minor? How many kids did she have as a minor? Did Job and Family Services look into it at that point? So, we didn’t get to the point that there were 16 children living in the basement.”

West Virginia has changed its marriage laws since Elizabeth and Gary married. It was proposed to raise the minimum marriage age to 18 with no exceptions in 2023. But the law that eventually passed set the minimum age at 16, with both parental consent and court approval still required. It also says there can’t be more than a four-year age gap between the spouses.

There is still no legal requirement for courts to carry out an investigation before approving the marriage.

The investigation into the Ohio case is ongoing.

For more, like The Tab on Facebook. Featured image via Facebook/Southern Ohio Regional Jail/WSAZ.