State v. Phillips

LORE, C. J.

Action by the state, in behalf of a divorced wife, against George W. Phillips, for the support of his child. Dismissed.

R. C. White, Atty. Gen., for the State.

Walter H. Hayes, for defendant.

LORE, C. J. Phillips and his wife were divorced by act of the general assembly of this state, which act is silent as to custody of their only child, a boy 14 years of age. The wife has retained and insists on his custody. There is no objection to the fitness of either parent to have such custody. The father has tendered himself ready to support the child if allowed the custody of him. The mother refuses such custody, and yet claims from the father separate maintenance. At common law, the duty of maintenance of children by parents was based on the right to custody, society, and services of the child. As this child is not an infant of tender years, and the father is shown to be a fit person to have him in charge, there seems to be no just reason why he should support the child, whose custody, society, and services are enjoyed by the mother. We therefore order the case dismissed.