child
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child
n. 1) a person's natural offspring. 2) a person 14 years and under. A "child" should be distinguished from a "minor" who is anyone under 18 in almost all states.
child
CHILD, CHILDREN, domestic relations. A child is the son or daughter in
relation to the father or mother.
2. We will here consider the law, in general terms, as it relates to
the condition, duties, and rights of children; and, afterwards, the extent
which has been given to the word child or children by dispositions in wills
and testaments.
3.-1. Children born in lawful wedlock, or within a competent time
afterwards, are presumed to be the issue of the father, and follow his
condition; those born out of lawful wedlock, follow the condition of the
mother. The father is bound to maintain his children and to educate them,
and to protect them from injuries. Children are, on their part, bound to
maintain their fathers and mothers, when in need, and they are of ability so
to do. Poth. Du Marriage, n. 384, 389. The father in general is entitled to
the custody of minor children, but, under certain circumstances, the mother
will be entitled to them, when the father and mother have separated. 5 Binn.
520. Children are liable to the reasonable correction of their parents. Vide
Correction
4.-2. The term children does not ordinarily and properly speaking
comprehend grandchildren, or issue generally; yet sometimes that meaning is,
affixed to it, in cases of necessity; 6 Co. 16; and it has been held to
signify the same as issue, in cases where the testator, by using the terms
children and issue indiscriminately, showed his intention to use the former
term in the sense of issue, so as to entitle grandchildren, & c., to take
under it. 1 Ves. sen. 196; Ambl. 555; 3 Ves. 258; Ambl. 661; 3 Ves. & Bea.
69. When legally construed, the term children is confined to legitimate
children. 7 Ves. 458. The civil code of Louisiana, art. 2522, n. 14, enacts,
that "under the, name of children are comprehended, not only children of the
first degree, but the grandchildren, great-grand-children, and all other
descendants in the direct line."
5. Children are divided into legitimate children, or those born in
lawful wedlock; and natural or illegitimate children, who are born bastards.
(q.v.) Vide Natural Children. Illegitimate children are incestuous
bastards, or those which are not incestuous.
6. Posthumous children are those who are born after the death of their
fathers. Domat, Lois Civ. liv. prel. t. 2, s. 1, Sec. 7 L. 3, Sec. 1, ff de
inj. rupt.
7. In Pennsylvania, the will of their fathers, in, which no provision
is made for them, is revoked, as far as regards them, by operation of law. 3
Binn. R. 498. See, as to the law of Virginia on this subject, 3 Munf. 20,
and article In ventre sa mere. Vide, generally, 8 Vin. Ab. 318; 8 Com. Dig.
470; Bouv. Inst. Index, h.t.; 2 Kent, Com. 172; 4 Kent, Com. 408, 9; 1 Rop.
on Leg. 45 to 76; 1 Supp. to Ves. jr. 442 Id. 158; Natural children.