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PATERNAL POWER
(bouvier) | PATERNAL POWER. Patria potestas, The, authority lawfully exercised by
parents, over their children. It will be proper to consider, 1. Who are
entitled to exercise this power. 2. Who are subject to it. 3. The extent of
this power.
2.-1. As a general rule the father is entitled to exert the paternal
power over his children. But for certain reasons, when the father acts
improperly, and against the interest of those over whom nature and the law
have given him authority, he loses his power over them. It being a rule that
whenever the good of the child requires it, the courts will deliver the
custody of the children to others than the father. And numerous instances
may be found where, for good reasons, the custody will be given to the
mother.
3. The father of a bastard child has no control over him; the mother
has the right to the custody and control of such child. 2 Mass. 109; 12
Mass. 887.
4.-2. All persons are subject to this power until they arrive at the
full age of twenty-one years. A father may, however, to, a certain extent,
deprive himself of this unlimited paternal power, first, by delegating it to
others, as when he binds his son an apprentice; and, secondly, when he
abandons his children, and permits them to act for themselves. 2 Verm. Cas.
290; 2 Watts, 408 4 S. & R. 207; 4 Mass. 675.
5.-3. The principle upon which the law is, founded as to the extent
of paternal power is, that it be exerted for the benefit of the child. The
child is subject to the lawful commands of the father to attend to his
business, because by being so subjected he acquires that discipline and the
practice of attending to business, which will be useful to him in after
life. He is liable to proper correction for the same reason. 1 Bouv. Inst.
n. 326-33. See Correction; Father; Mother; Parent.
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