the children of the marriage, while such husband and wife live separate and apart from each other. 199. Without application for a divorce, the husband or the wife may bring an action for the exclusive control of the children of the marriage; and the Court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education, and control of the children of the marriage, as may be just, and in accordance with the natural rights of the parents and the best interests of the children, and may at any time thereafter amend, vary, or modify such order or decree, as the natural rights and the interests of the parties, including the children, may require. 200. The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings. to parent. 201. The proper Court may direct an allowance Allowance to be made to the parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. NOTE.-Matter of Bostwick, 4 Johns. Ch., p. 100; 202. The parent, as such, has no control over the Parent property of the child. NOTE.-Combs vs. Jackson, 2 Wend., p. 153; Fonda vs. Van Horne, 15 Wend., p. 631; Hyde vs. Stone, 7 Wend., p. 354. cannot control the property of child. parental 203. The abuse of parental authority is the sub- Remedy for ject of judicial cognizance in a civil action brought abuse. by the child, or by its relative within the third degree, or by the Supervisors of the county where the Reciprocal duties of children in maintaining each other. child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced. 204. The authority of a parent ceases: 1. Upon the appointment, by a Court, of a guardian of the person of a child; 2. Upon the marriage of the child; or, 3. Upon its attaining majority. 205. If a parent chargeable with the support of a child dies, leaving it chargeable to the county, and leaving an estate sufficient for its support, the Supervisors of the county may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies as any creditors against that estate, and against the heirs, devisees, and next of kin of the parent. 206. It is the duty of the father, the mother, and parents and the children of any poor person who is unable to maintain himself by work, to maintain such person to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to such parent is binding. When a parent is liable for necessaries essary NOTE.-Cromwell vs. Benjamin, 41 Barb., p. 558; Shelton vs. Springett, 11 C. B., p, 452; Mortemore vs. Wright, 6 M. and W., p. 488. 207. If a parent neglects to provide articles necfor his child who is under his charge, according supplied to to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent. a child. NOTE.-Van Valkenburgh vs. Watson, 13 Johns., p. 480; Chilcott vs. Trimble, 13 Barb., p. 502; Clinton vs. Rowland, 24 id., p. 634; Henry vs. Betts, 1 Hilt., p. 156; and see Raymond vs. Loyl, 10 Barb., p. 483. The age of the child is immaterial.-Cromwell vs. Benjamin, 41 Barb., p. 558. When a parent is not liable for support furnished 208. A parent is not bound to compensate the other parent, or a relative, for the voluntary support of his child, without an agreement for compensation, his child. nor to compensate a stranger for the support of a child who has abandoned the parent without just cause. NOTE.-Burritt vs. Burritt, 29 Barb., p. 124; Finch vs. Finch, 22 Conn., p. 411. Compare Stanton vs. Willson, 3 Day, p. 37. Chilcott vs. Trimble, 13 Barb., p. 502; Raymond vs. Loyl, 10 id., p. 483; Clark vs. Fitch, 2 Wend., p. 459; Johnson vs. Gibson, 4 E. D. Smith, p. 231. 209. A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and, where such is the case, they are not liable to him for their support, nor he to them for their services. NOTE.-Gay vs. Ballou, 4 Wend., p. 403; Williams vs. Hutchinson, 5 Barb., p. 122; Bartley vs. Richtmeyer, 4 N. Y. (4 Comst.), p. 38; Elliott vs. Lewis, 3 Edw., p. 40; Sharp vs. Cropsey, 11 Barb., p. 224; Williams vs. Hutchinson, 3 N. Y. (3 Comst.), p. 312. 210. Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor. NOTE.-Dye vs. Kerr, 15 Barb., p. 444; Andrus vs. Foster, 17 Verm., p. 556; Resor vs. Johnson, 1 Carter (Ind.), p. 100; Rex vs. Sow, 1 B. and Ald., p. 179; and see Cropsey vs. Sweeney, 27 Barb., p. 310; S. C., 7 Abbott's Pr., p. 129; Moore vs. Moore, 21 How. Pr., p. 211. Husband, for the sup not bound port of his wife's children by former a marriage. Compensasupport of child. tion and adult may services 211. The parent, whether solvent or insolvent, Parent may relinquish to the child the right of controlling relinquish him and receiving his earnings. Abandonment by anstody of the parent is presumptive evidence of such relinquish ment. NOTE.-McCloskey vs. Cyphert, 27 Penn. St., p. 220; child. Wages of minors. Right of parent to the resi dence of Burlingame, 7 id., p. 92; Whiting vs. Earle, 3 Pick., p. 201; Morse vs. Welton, 6 Conn., p. 547; Varney vs. Young, 11 Verm., p. 258; Canovar vs.. Cooper, 3 Barb., p. 115; Stiles vs. Granville, 6 Cush., p. 458; Clinton vs. York, 26 Me., p. 167; Wodell vs. Coggeshall, 2 Metc. (Mass.), p. 91; Cloud vs. Hamilton, 11 Humph., p. 104. 212. The wages of a minor employed in service may be paid to him, unless, within thirty days after the commencement of the service, the parent or guardian entitled thereto gives the employer notice that he claims such wages. 213. A parent entitled to the custody of a child determine has a right to change his residence, subject to the power of the proper Court to restrain a removal which would prejudice the rights or welfare of the child. child. Wife in certain obtain NOTE.-Wood vs. Wood, 5 Paige, p. 596. 214. When a husband and wife live in a state of cases may separation, without being divorced, any Court of competent jurisdiction, upon application of either, if an inhabitant of this State, may inquire into the custody of custody of minor children. any unmarried minor child of the marriage, and may award the custody of such child to either, for such time and under such regulations as the case may require. The decision of the Court must be guided by the rules prescribed in Section 246. CHAPTER II. ADOPTION. SECTION 221. Child may be adopted. 223. Consent of wife necessary. 224. Consent of child's parents. 225. Consent of child. 226. Proceedings on adoption. be adopted. 221. Any minor child may be adopted by any Child may adult person, in the cases and subject to the rules prescribed in this Chapter. adopt. 222. The person adopting a child must be at least who may fifteen years older than the person adopted, and must have been married, and if a woman, must be a widow, or be lawfully divorced from her husband without her fault. wife 223. A married man, not lawfully separated from Consent of his wife, cannot adopt a child without the consent of necessary. his wife. child's 224. A legitimate child cannot be adopted with-. Consent of out the consent of its parents, if living, nor an illegiti- parents. mate child without the consent of its mother, if living, except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery, or of cruelty, and for either cause divorced, or adjudged to be a habitual drunkard, or who has been judicially deprived of the custody of the child on account of cruelty or neglect. 225. The consent of a child, if over the age of Consent 'twelve years, is necessary to its adoption. 226. The person adopting a child, and the child adopted, and the other persons whose consent is necessary, must appear before the County Judge of the county where the person adopting resides, and the necessary consent must thereupon be signed, and an agreement be executed by the person adopting, to the effect that the child shall be adopted, and treated in all respects as his own lawful child should be treated. of child. Proceed ings on adoption. |