Parent-in-law

“ And the mere fact that the maternal relatives who have had the care of the child from its birth have become attached to it and desire to continue to care for it and are able to secure it better advantages than its parent, does not render the parent unsuitable to have its care and custody within the meaning of the statute. ”

“ A stepfather stands in the position of a parent to the children of his wife by a former husband, provided, he receives them into his family. He is entitled to their services and is responsible for their education and maintenance. The parents can at any time consent to surrender the custody of their minor children and transfer this custody to another by agreement. Articles of adoption properly executed according to the requirements of the law upon that subject, are necessary to invest another with the rights and responsibilities of a parent. ”

“ No doubt there are some instances in which the interests of children are prejudiced by their parents claiming them from the guardians, but I should not be prepared to propose legislation which would enable a board of guardians to withhold a child from its parent when claimed by him. ”

“ The suggestion rather than contention that if the state law be held applicable to determine next of kin, the right should have been recognized to seek to trace the paternity of the illegitimate child, so as to make the asserted father the parent under the statute, might well be disposed of by saying that no such contention seems to have been urged in either of the courts below. ”

“ As regards minors who have parents or me^ta : parent yet living the law seems plain. Such young per- (a) As re- SOUS can neither engage themselves ^ nor contract a vahd fentof °° marriage,^ without the consent of parents or parent.* parents ; If both parents are Hving the consent of both is required, but in case of difference of opinion between them the will of the father, as the head of the family, prevails over that of the mother.* If the father is dead the mother's consent is necessary, and sufificient,^ even though she has contracted a second marriage. ”

“ But a mother can apply to the court for an order that she may have the exclusive care of her children while they are respectively under seven years of age; and after that age, for leave of access to them at reasonable times, in cases where husband and wife do not live together. In case of the divorce of the parents, the court will give directions as to the custody of the children of the marriage, taking into consideration the offence against morality of the guilty parent, but also what is best for the children’s education and upbringing and prospects in life. ”

“ The father is the legal guardian of the children, having custody of their persons and property, but "no man shall bind his child to apprenticeship or service, Or part with the control of such child, or create any testamentary guardianship therefor, unless the mother shall in writing signify her consent thereto." At the father's death the mother may be guardian of the persons of the children but not of their property unless derived from her.
There is no law requiring the husband to support his family. ”

“ What the State may not do is legislate on the generalized assumptions that a parent in an intact family will not act in his or her child's best interests and will fail to involve the other parent in the child's upbringing when that involvement is appropriate.↑ See, e.g., Brief for American Psychological Association et al. ”

“ If the father survives the mother, the mother’s guardian can only act if it be shown to the satisfaction of the court that the father is unfitted to be the sole guardian. On the death of the father, the guardian so appointed by the mother acts jointly with any guardian appointed by the father. The Guardianship of Infants Act 1886 also gives power to the high court and to county courts to make orders, upon the application of the mother, regarding the custody of an infant, and the right of access thereto of either parent. ”

“ Rights of children in non-intact families. The general assembly hereby declares that children whose parents are dissolving or have dissolved their marriage or are separated, and children born out of wedlock, have certain inalienable rights in the determination of their continued relationship with each parent, including the right to have such determinations based upon the inherent right of the child to its inherent relationship with, and the care, companionship, control and nurture of the child by, each parent. ”

“ A father's right to the custody of his own children being founded in law on the right of guardianship, this being taken away, they may of course be severed from him, and put by the authority of the court, into more orthodox hands. ”

“ The tradition of uncles, aunts, cousins, and especially grandparents sharing a household along with parents and children has roots equally venerable and equally deserving of constitutional recognition.") ; Smith v. Organization of Foster Families, 431 U.S. at 843 n. 49, 97 S. Ct. 2094 (noting that the Court had previously used the term "parent," in the context of family integrity, to include an aunt who was also a child's "legal custodian") . ”

“ She has to obey her father-in-law, and during the first days of her married life is not allowed to speak to her husband’s parents or any of the family who are older than herself until her father-in-law gives her permission. ”

“ Should a wife be divorced from her husband his duty to maintain the children would not fall on her, unless she also had the custody of them. A father's obligation to maintain his child continues until he is able to provide for himself. The legal obligation ceases by common law as soon as a child attains majority, however helpless he may be or great may be his father's wealth.
A child that has property of his own, while his father's means are not enough, may be supported from his own means. Even the principal may be used in this manner. ”

“ The parental authority shall be jointly exercised by both parents, when they are under marriage. If the parents fail to reach an agreement, the Family Court shall determine it upon the request of the party. (3) When one parent is unable to exercise the parental authority, the other shall exercise it. ”

“ Though different in factual and legal circumstances, these cases have produced a unifying theme: although an unwed father's biological link to his child does not, in and of itself, guarantee him a constitutional stake in his relationship with that child, such a link combined with a substantial parent-child relationship will do so. [3] "When an unwed father demonstrates a full commitment to the responsibilities of parenthood by 'com [ing] forward to participate in the rearing of his child,' . ”

“ The duties of parents extend to illegitimate as well as to legitimate children. The duty of caring for an illegitimate child falls primarily on the mother, who, before a year has elapsed from its birth, may obtain from the magistrates a maintenance order against the reputed father, providing for the child's support and education at his expense.
A husband is bound by our law to support the children of his wife by a former husband as well as his own. ”

“ The disposition of the children is entirely within the discretion of the court, and the custody may be given to either party or may be taken from both and given to a guardian, if it can be shown that neither parent is a proper person to care for them. The best good of the child will be the first and most important consideration in determining to whom the custody shall be given. ”

“ A mother has rights of which no judicial decree can ever divest her, and one of those rights is the privilege of seeing her only child again. In this case my client has the law on her side, and she will appeal to it, too, if my demand meets with the same refusal as did her written request. ”

“ Through their efforts, over 5.1 million children now have a legally recognized father; more than 11.7 million children with a parent living outside of their homes have a legal right to the financial support of that parent ”

“ Legal separations and divorces have come to modify the quality and logical consequences of the bond. The rights of parent over the child have been even more completely qualified. The State has come in as protector and educator of the children, taking over personal powers and responsibilities that have been essential to the family institution ever since the dawn of history. ”

“ Let us add that the conflicts between interests of the children and those of the parent which often arise from the death of one of the parents do not usually exist whilst both the parents are alive. These are the family considerations upon which the article is founded, and tradition plainly confirms them. Thus, in our ancient jurisprudence the distinction between the legal administration of a father and tutorship was well established. ”

“ All the reciprocity of rights and duties which have bound together the parent and child from infancy is considered to end with the consummation of her marriage; nor does the stain of any subsequent female backsliding ever affect the family of her parents; it can affect that only of her husband, who is held alone responsible for her conduct. ”

“ The Guardianship Act 192 of 1993 repealed the common law rule that a father is the natural guardian of his legitimate children and replaced it by the rule that parents share guardianship in respect of their legitimate children. ”

“ Mother of Infant probably Liable after Father’s Death.—It has been a much disputed question whether after the father’s death the mother becomes responsible for necessaries furnished for her minor children. The theory of law upon which a father is made liable proceeds upon the ground that he is bound to support the child and has a right to the child’s services during its minority. ”

“ It will be seen from this that the father alone has the absolute legal right to deal with his child or children, to the extent of separating them, at his own sole pleasure, from their mother, and of giving them into the care and custody of any person whom he may think fit. ”

“ If, while the marriage exists, the law did not make a distinction between the father and mother and a tutor, in the proper sense of the word, it would follow that the father would be, as to the personal goods of his minor children, subjected during marriage to all the conditions and burdens which the law imposes upon a tutor. ”

“ The basic principle enunciated in the Court's unwed father cases is that an unwed father who has demonstrated a sufficient commitment to his paternity by way of personal, financial, or custodial responsibilities has a protected liberty interest in a relationship with his child. ”

“ He is the mother’s brother, and he is also the prospective or actual father-in-law, and we have no means of telling in which of these two rôles he performs his duties. If the duties of a man towards his sister’s son among the Todas be a relic of mother-right, there can be little doubt that this condition must have been very remote. ”