Not without the consent of her parents - and her parents would have to live in the state. And, of course, the 38 year old man would have to not be her father.
Here's the law:
As per the law of the state one may marry if he is 18 years or above. However, persons of 16 or 17 years old, must have the consent of their parents or legal guardian.
Custody papers are required if parents are divorced.
It has to be witnessed by two witnesses, who are at least 18 years old, signed by the parent or legal guardian, and sworn by the deputy clerk. If the bride is a pregnant minor you may apply to a district court judge for permission to marry without parental consent.
If one is under 16, he/she must get approval to marry from the District Court. Minors cannot get married in Kentucky if parents or guardians are not residents of Kentucky.
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