PARENT AND CHILD (ante). In the United States it is generally held that the s right of protection ,and support due from a parent to a child are dependent not upon \statutory provisions (though these exist in most states), but on general principles of the common law, as well as of morality. As the protector of his child, a parent may law fully do any act which he might do in self-defense, and hence may even take the life of an assailant. It has' been said that though protection and education are the child's right, yet maintenance and support is the only obligation which can be enforced by the law; if a father fail to supply such necessaries for the support of his minor child as are suitable to its rank and condition, a third person may do so, and can recover the amount from the father, acting, however, at his own risk in determining whether the facts justify his interference. No evidence of a contract is required as in the English courts (see ante). The reciprocal rights of parent and child cease when the latter has attained his legal majority, but may be revived on either side. Thus if the adult child become a pauper, the parent would again be liable for its support; and, on the other hand, if the parent become a burden to the community, the adult child is responsible. The right of a parent to leave his property away from his children is undisputed at common law, but is in some cases restrained by statute; and if a child be left destitute without very strong reason, it will go far to prove the exertion of undue influence. The right to the custody of the child belongs to both parents. When the custody is disputed between the father and mother, the question may be brought before an equity court on petition, or before is court of common law by writ of habeas corpus. In the latter case, the child's preference is consulted if he be 14 years old or over, and if not, the court may use its discretion.
In the English courts the superior right of a father to custody has been strongly upheld, and only the most flagrant conduct on his part has been thought to justify its restraint. In this country the courts arc less restricted by this rule, but, ceteris paribus, will prefer the father to the mother (see DtvoucE). The parent has also the right to obedience and service on the part of his child, and may compel obedience by a reasonable exercise of force, as may also school-teachers or any persons standing in loco parentis. The father inay collect his child's earnings,'and may sue for damages caused by the loss of services from injuries inflicted by the defendant. This action is entirely distinct from that which may be brought in the child's name for his personal damage, pain, expenses, etc. The right of a father to sue for damages the seducer of his daughter is also based on the loss of service, but the jury are allowed to take into consideration the loss of reputation, etc.,: in fixipg the amount of damages. Sec MEASURE OF DAMAGES. If the girl were a lawful apprentice, or had reached her majority, the actual relation of master and servant must exist to justify the action. Under the statutes of most states, an action may be brought by the child when the parent is killed through the negligence of a third party, a right which did not exist at common law. See NEGLIGENCE. The obligations due from a parent to an illegitimate child are those of support only. For this both the mother and the putative father are liable; and the liability may be enforced against the latter on suit either of the mother or of the local authorities in form and manner as by statute pro vided.