MOTHER, domestic relations. A woman who has borne a child.
2. It is generally the duty of a mother to support her child, when she
is left a widow, until he becomes of age, or is able to maintain himself; 8
Watts, R. 366; and even after he becomes of age, if he be chargeable to the
public, she may, perhaps, in all the states, be compelled, when she has
sufficient means, to support him. But when the child has property sufficient
for his support, she is not, even during his minority, obliged to maintain
him. 1 Bro. C. C. 387; 2 Mass. R. 415; 4 Miss. R. 97.
3. When the father dies without leaving a testamentary guardian, at
common law, the mother is entitled to be the guardian of the person and
estate of the infant, until he arrives at fourteen years, when he is able to
choose a guardian. Litt. sect. 123; 3 Co. 38; Co. Litt. 84 b; 2 Atk. 14; Com
Dig. B, D, E; 7 Ves. 348. See 10 Mass. 135, 140; 15 Mass. 272; 4 Binn. 487;
4 Stew. & Part. 123; 2 Mass. 415; Harper, R. 9; 1 Root, R. 487.
4. In Pennsylvania, the orphans' court will, in such case, appoint a
guardian until the infant shall attain his fourteenth year. During the joint
lives of the parents, (q.v.) the father (q.v.) is alone responsible for
the support of the children; and has the only control over them, except when
in special cases the mother is allowed to have possession of them. 1 P. A.
Browne's Rep. 143; 5 Binn. R. 520; 2 Serg. & Rawle 174. Vide 4 Binn. R. 492,
494.
5. The mother of a bastard child, as natural guardian, has a right to
the custody and control of such child, and is bound to maintain it. 2 Mass.
109; 12 Mass. 387, 433; 2 John. 375; 15 John. 208; 6 S. & R. 255; 1 Ashmead,
55.