Guardianship of Faust, In re

• Decision Date: 26 September 1960
• Docket Number: No. 41523,41523
• Parties: In the Matter of the GUARDIANSHIP OF Boyd Quin FAUST, and Nickolas L. Faust, Minors, N. M. Faust, Appellant.
• Court: Mississippi Supreme Court

Page 218

123 So.2d 218

239 Miss. 299

In the Matter of the GUARDIANSHIP OF Boyd Quin FAUST, and

Nickolas L. Faust, Minors, N. M. Faust,

Appellant.

No. 41523.

Supreme Court of Mississippi.

Sept. 26, 1960.

Phillips & Wiltshire, McComb, for appellant.

J. Gordon Roach, McComb, for appellee.

ETHRIDGE, Justice.

This case raises issues pertaining to the parental right to control the education and religious training of minor children. We hold that here the chancery court, an agency of the State, acted beyond its powers in directing and restricting the father in his right to control their intellectual and religious education, where he was a fit person for their custody.

Appellant, N. M. Faust, is the father of Boyd Quin Faust and Nickolas L. Faust, who, at the time of the decree appealed from, were 15 and 14 years of age, respectively. Their mother died in 1953, and appellant was appointed guardian over their persons and estates, principally for the purpose of managing some real property owned by the boys.

In 1959 appellant, as guardian, filed his second accounting, which was approved by the Chancery Court of Pike County. No appeal is taken from that part of the decree approving the account. However, it contains other adjudications with which this appeal is concerned. They arose in this way: No process was served upon the minors, but the chancellor had appellant bring them before the court. No testimony was taken. The chancellor stated that the boys were in the ninth and tenth grades of the McComb High School, and he wanted them 'to know what their rights were in open court.' He told appellant he wanted them kept in the McComb High School, and stated that, since they had joined a church in McComb, they had the right to worship God as they desired and attend the church of their choice. The chancellor said that, although appellant could file a petition and obtain a hearing, he wanted these boys to attend the McComb High School, and to attend the church of their choice. Hence, the decree, in addition to approving the accounting, contained these provisions:

'It is further ordered, adjudged and decreed that Boyd Quin Faust, age 15 and Nickolas Lea Faust, age 13, attend the Public Schools of McComb, Mississippi, beginning with the 1959-1960 School Term, and continuing until the completion of High School. It is further ordered, adjudged and decreed that it would be to the best interest of said minors to attend the church of their own choosing and to have the right to worship God according to the dictates of their own conscience.

* * *

'It is further ordered, adjudged and decreed that the Guardian and all other parties be enjoined from doing any acts contrary to this decree.'

The briefs of counsel contain statements with reference to the religious affiliations and history of both parents and of the minors, before and after the mother's death, but none of this information is in the record, and we of course do not consider it.

In short, this appeal presents a case where where is no showing that the father of these two boys, appellant, is unfit to have their custody or has forfeited any right to it. On the contrary, the decree approving the second accounting in substance again recognizes the father's suitability for their custody, and negatives any assertion that he has forfeited that parental right. Nevertheless, the decree, without any evidence to support the adjudication, tells the father of these children, whose mother is deceased, that he must send them to a particular public school, until they have completed high school, and forbids, him, in effect, from supervising their religious education. And it enjoins appellant 'and all other parties * * * from doing any acts contrary to this decree.'

It is manifest that the decree in these respects and under this record is wholly beyond the powers of the chancery court. Unless a parent has forfeited the right by misconduct or unfitness, he or she has the right to control the education and religious training of the child. The Federal and State constitutional guaranties of liberty include not only the right to establish a home and bring up children, 'but also the right of the parent to educate his children is such manner as he deems best to secure their happiness and welfare, so long as such training or education does not result in, or tend to develop, tendencies or traits dangerous to society.' 39 Am.Jur., Parent and Child, Sec. 49.

The kind and extent of education, moral and intellectual, to be given to a child and the mode of furnishing it are left largely to the discretion of the parents. Certainly judicial machinery is inadequate to the task of educating children, and should not interfere with a parent's right in this regard except to correct abuses or protect the minor. 39 Am.Jur., Parent and Child, Sec. 49; Bryant v. Brown, 1928, 151 Miss. 398, 414, 118 So. 184, 60 A.L.R. 1325; Nickle v. Burnett, 1920, 122 Miss. 56, 84 So. 138; Sinquefield v. Valentine, 1931, 159 Miss. 144, 132 So. 81, 76 A.L.R. 238. Unless shown to the contrary, the presumption is that natural parents will make the best decisions for their offspring. Hendrix v. Hendrix, 1955, 226 Miss. 110, 83 So.2d 805.

Moreover, the right of parents to control the education of their children extends to religious education....