Louis Brandeis

“ While it is usually a statute that prescribes the disability which is to attach to the divorce, it is the judicial proceedings themselves which are in question as much as in the present case, where the judgment for support is unalterable within the state by virtue of the Georgia statute. Without denying the validity of a marriage in another state, the privileges flowing from marriage may be subject to the local law. ”

“ Willful abandonment of a minor child, leaving it in a dependent condition, is a misdemeanor. [5] The mere loss of custody by the father does not relieve him of his obligation to provide for maintenance and education, even where the custody passes to the mother pursuant to a decree of divorce. [6] If the father fails to make such provision, any person (including a divorced wife) who furnishes necessaries of life to his minor child may recover from him therefor, unless precluded by the terms of the decree in the divorce suit or otherwise. ”

“ In view of the universality of these principles, it comes as a surprise that any state, merely because it has made some provision for the support of a child, should, either by statute or judicial decree, so tie its own hand as to foreclose all future inquiry into the duty of maintenance however affected by changed conditions. ”

“ In case of total divorce, the court is authorized to make, by its decree, final or permanent provision for the maintenance and education of children during minority, and thus fix the extent of the father's obligation. [8] But, even if the decree for total divorce fails to include a provision for the support of minor children, they cannot maintain in their own names, or by guardian ad litem, or by next friend, an independent suit for an allowance for education and maintenance. ”

“ Whatever difference there may be between holding that a judgment is invalid under the Fourteenth Amendment because it is 'extra-territorial,' and in holding that it is not entitled to full faith and credit, although it does not infringe the Fourteenth Amendment, is one of degree, or of a difference in circumstances which may prevent the operation of the latter provision of the Constitution. ”

“ The Fourteenth Amendment does not enable a father, by the expedient of choosing a domicile other than the state where the child is rightfully domiciled, to avoid the duty which that state may impose for support of his child. ”

“ Neither the temporary residence in North Carolina at the time the divorce suit was begun, [18] nor her removal with her mother to South Carolina before entry of the judgment, effected a change of Sadie's domicile. [19] It is true that under the Georgia Code a minor may acquire a domicile apart from the father if he has 'voluntarily relinquished his parental authority.' But the mere fact that the parents were living separately at the time the suit for divorce was brought and that Sadie was with her mother does not establish such relinquishment. ”

“ A statute, record, or judgment of one state establishing the right of an illegitimate or adopted child to inherit from his putative parent may be given extrastate effect for many purposes, but it does not establish his right to inherit land in another state. ”

“ In one state a distinction has been drawn between personal rights of the parents and the interest of the state in the welfare of the child: unless there is an allegation that the best interest of the child requires a change in custody, the parties will be bound. ”

“ Just as due process of law will not permit a state, by its judgment, to inflict parties 'with a perpetual contractual paralysis' which will prevent them from altering outside the state their contracts or ordinary business relations entered into within it, New York Life Insurance Co. ”

“ They are usually young; in Maryland over 60 per cent. are under ten years of age when divorce occurs. Divorces are often not contested, and the intervention of a disinterested judge is frequently nominal. Allowances for children in the divorce court are typically small. Marshall and May, The Divorce Court, 31, 79, 80, 82, 226-231, 323.↑ Frequently a criminal statute provides as an alternative penalty for nonsupport of a child that the guilty party post a bond or otherwise provide for the future support of the child. Such a statute exists in South Carolina. ”

“ She alleged 'that she is now ready for college and is without funds and, unless the defendant makes provision for her, will be denied the necessities of life and an education, and will be dependent upon the charity of others.' [1] Jurisdiction was obtained by attachment of defendant's property. Later he was served personally within South Carolina.
In bar of the action, W. A. Yarborough set up, among other defences, a judgment entered in 1929 by the superior court of Fulton county, Ga., in a suit for divorce brought by him against Sadie's mother. ”

“ The state's special interest in securing the father's liability is emphasized, not only by the frequency of penal measures, but also by the fact that in some places a statute is necessary before any suit can be maintained against the father. ”

“ The constitutional provision giving Congress power to prescribe the effect to be given to acts, records, and proceedings would have been quite unnecessary had it not been intended that Congress should have a latitude broader than that given the courts by the full faith and credit clause alone. ”

“ Their tender years, their inability to provide for themselves, the importance to the state that its future citizens should be clothed, nourished, and suitably educated, are considerations which lead all civilized countries to assume some control over the maintenance of minors. ”

“ The state of matrimonial domicile may preserve to its own resident his rights in the marriage status where another state has sought to terminate it, without acquiring jurisdiction of his person, Haddock v. ”

“ Susie B. Yarborough to the extent of One Thousand, Seven Hundred Fifty Dollars ($1,750.00) , and the plaintiff, W. A. Yarborough, does hereby transfer, sell and assign said mortgages to R. D. Blowers, of Spartansburg, South Carolina, as Trustee for Sadie Yarborough, minor daughter of plaintiff and defendant, to the extent of One Thousand, Seven Hundred Fifty Dollars ($1,750.00) . ”

“ Pace v. Bergquist, 173 Ga. 112, 114, 159 S.E. 678.↑ The order for permanent alimony for the child is a matter distinct from that for permanent alimony for the wife. See Johnson v. Johnson, 131 Ga. 606, 62 S.E. 1044. The applicable sections of the Georgia Civil Code 1910 annotated are:↑ Sikes v. ”