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.
Although the age of consent in Kentucky is 16, you must be 18 years old in order to marry legally. The law holds that even with parental consent, no one under the age of 18 will granted a marriage license unless the woman is pregnant. According to the state Department of Health:
Applicants 16 & 17 years old must have parental consent and the license issued in the county of residence of the under aged applicant. If both applicants are under age, the application needs to be made in the bride’s county of residence. No one under the age of 16 may be issued a license unless they are pregnant and have a District Court Judge issue a court order directing the Clerk to do so.
I've placed a link to a web page where you can find more information about Kentucky's marriage laws in the sources section below. That site also has a link to the various marriage applications required in Kentucky.
Each state is allowed to create its own legislation regarding marriage regulations. This is due to the Tenth Amendment of the United States Constitution. In the state of Kentucky you must be 18 years old or older to marry without parental consent. You will need proof of age at the time of the application. If either the man or the woman is under the age of 18, they will need parental consent. If you are under the age of 16 you cannot marry without a court order. If you are a minor and you are pregnant, you do not need parental consent. The pregnancy must be verified in a written statement be a licensed physician. Also, if you are a minor, your parents must be residents of the state of Kentucky
please i want to see her picture