Denton v. James

Citations

• 107 Kan. 729
• 193 P. 307
• 12 A.L.R. 1146
• 1920 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Minors — Adoption of Minor ChilcE^-Persons Entitled to Notice of Plearing. A female child, whose sole surviving parent was her father, was placed, by order of court made in a habeas corpus proceeding, in the custody of her maternal grandmother from September 1 to June 1 of each year, and in the custody of her paternal grandmother the remainder of the year. In the month of June, and while she was in lawful custody of the child, the paternal grandmother adopted her. The child had no guardian such as the statute relating to guardian and ward recognizes, and the father appeared and consented to the adoption. Held, it was not essential to jurisdiction of the probate court sanctioning the adoption that the maternal grandmother should be notified, or should appear or consent.</p> <p>2. Same — Parents are Natural Guardians, — Welfare of Child. By statute the father and mother are natural guardians of their child. If one die, natural guardianship devolves on the other. The other then has the right to custody of the child, and the welfare of the child is best subserved by leaving it with its natural guardian until it is demonstrated that the parent is unfit to discharge the duties which are correlative to his right.</p> <p>3. Same — Rights of Parent by Adoption to Custody of Minor. The domestic relation of parent and child created by adoption confers the same right to custody as the natural relation.</p> <p>4. Same — Education of the Child. A parent, including a parent by adoption, has the right to control the education of the child.</p> <p>5. Same; — Religious Training of the Child. Aside from teachings subversive of morality and decency, and some others equally obnoxious, the courts have no authority over that part of a child’s training which consists in religious discipline, and in a dispute relating to custody, religious views afford no ground for depriving a parent of custody who is otherwise qualified.</p> <p>6. Same. In this instance