Children Law and Legal Definition

Children refers to the immediate off spring of a person, whether legitimate or not, and any children legally adopted by a person. Children can be legitimate or illegitimate. Legitimate children are those born in lawful wedlock and natural or illegitimate children are those born otherwise. Posthumous children are those who are born after the death of their fathers.

Children born in lawful wedlock or within a competent time afterwards are presumed to be the issue of the father. 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 parents when in need, and when they have the ability to do so. Generally the father 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.

The term children does not ordinarily and properly speaking comprehend grandchildren yet sometimes that meaning is affixed to it in cases of necessity. When legally construed, the term children are confined to legitimate children.