Robison v. Robison

• Decision Date: 10 February 1923
• Docket Number: 13420.
• Parties: ROBISON v. ROBISON.
• Court: Georgia Court of Appeals

116 S.E. 19

29 Ga.App. 521

ROBISON v. ROBISON.

No. 13420.

Court of Appeals of Georgia, Second Division

February 10, 1923

Syllabus by the Court.

The father, if alive, is the natural guardian of his child. Civ Code 1910, § 3032. As such, it is the father's duty to provide for the maintenance and protection of the child until majority (Civ. Code 1910, § 3020); and during such period the child remains under the control of the father, who is entitled to his services and the proceeds of his labor. Civ Code 1910, § 3021.

This parental power, however, may be lost, among other ways provided by the statute, by voluntary contract, releasing the right to a third person (Civ. Code 1910, § 3021 [1]); but an ordinary cannot, under section 3035, appoint another as guardian of the person of a child with a living father unless the father's rights are voluntarily relinquished or forfeited in accordance with the provisions of the statute, and the forfeiture has been ascertained and declared in some regular proceeding authorized by law, after due notice to him. Jordan v. Smith, 5 Ga.App. 559, 560 63 S.E. 595.

Where the father's rights are as in the instant case thus relinquished, the parental rights and obligations devolve upon the person standing in loco parentis. Eaves v Fears, 131 Ga. 820 (2), 64 S.E. 269; Southern R. Co. v. Flemister, 120 Ga. 524 (5), 48 S.E. 160; Stoddard v. Campbell, 27 Ga.App. 363(1), 108 S.E. 311. Where a guardian of the person has been thus appointed, his power "over the person of his ward is the same with the father over his child, the guardian standing in his place; and in like manner it is the duty of the guardian to protect and maintain, and, according to the circumstances of the ward, to educate him." Civ. Code 1910, § 3058.

Where upon the father's relinquishment of his parental authority and control, the ordinary has appointed a guardian of the person of a minor, the guardian is entitled to the services of his ward, and upon him, prima facie, devolves the duty of maintenance and education. In the instant petition against the father by one who it is alleged was thus regularly and duly appointed guardian of the person of a minor, to recover the cost of alleged necessaries furnished by the petitioner to the child, there being no special contract alleged whereby the father assumed the duty or liability for the furnishing of the items claimed, no cause of action was stated. Timely...