Thursday, October 8, 2009

Parental Liberty Doctrine

The Parental Liberty Doctrine, also known as the Right to Direct the Upbringing of One's Own Child includes direction of the child's education, healthcare, religious observance, discipline and general welfare.

By Francis Hilliard,
Counsellor at Law, Author of "the American Law of real Property," 2 vols.

New York:
John S. Voorheies.

CH. II.] Parent and Child.

The father is bound to support his children during minority, that is, by our law, till they are twenty-one years of age. And he is not excused from this obligation, if he have the ability to support them, even by their ability to support themselves. pg. 25-26

The father has no power over the child's property, except as guardian. He may delegate his authority to the tutor or schoolmaster of the child, who is then "in loco parentis," and has a right to exercise all necessary restraint and correction. pg 26-27

CH. III] Guardian and Ward.

A guardian has been called "a temporary parent," that is, for so long time as the ward is an infant or under age; and has substantially the same power as a parent over his child. Guardians, in relation to property, are the mere agents of their wards, having an authority not coupled with an interest. pg. 29

The father, during his life and his children's minority, is their guardian by nature. pg. 29

Food, clothing, habitation, education, &c., are in themselves necessaries, whether provided for the infant himself, or for his family, and other things may be considered as such, according to circumstances. pg. 34