Report On Criminal Remedies in Massachusetts for Failure to Furnish Support
Report On Criminal Remedies in Massachusetts for Failure to Furnish Support
Police And Municipal Courts of Massachusetts Com Association of Justices of Dis
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The obligation of a father to support his children ought to be more stringent in some respects than that of a husband to support his wife. The children are not sui juris, and the agreement or misconduct of the mother, it is submitted, ought not to deprive them of their right to support. The agreement of the mother or of a stranger to support the children, without any assistance from the father, ought not to have any effect upon his obligation in case they are in need. Boiven V. State, 56 0. St.... 535. Nor, it seems, should the desertion or other misconduct of the mother have any such effect. Bennefield v. State, 80 Ga. 107. Moore v. State, 1 Ga. App. 502. People v. Leivis, 132 App. Div. (N. Y. ) 256. It has also been held in Rhode Island and elsewhere that the refusal of the mother to surrender the custody of the children to the father does not excuse the father from his duty of support, regardless of the cause of the separation; the mother being equally entitled to the custody (R. L. C.
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