It is very important to understand that children born to the marriage are considered by law as “the contract bearing fruit” – meaning the children primarily belong to the State, even though the law never comes out and says so in so many words.
In this regard, children born to the contract regarded as “the contract bearing fruit,” he said it is vitally important for parents to understand two doctrines that became established in the United States during the 1930s. The first is the Doctrine of Parens Patriae. The second is the Doctrine of In Loco Parentis.
Parens Patriae means literally “the parent of the country” or to state it more bluntly – the State is the undisclosed true parent. Along this line, a 1930s Arizona Supreme Court case states that parents have no property right in their children, and have custody of their childre
n during good behavior at the sufferance of the State. This means that parents may raise their children and maintain custody of their children as long as they don’t offend the State, but if they in some manner displease the State, the State can step in at any time and exercise its superior status and take custody and control of its children – the parents are only conditional caretakers. [Thus the Doctrine of In Loco Parentis.]
The marriage license is an ongoing contractual relationship with the State. Technically, the marriage license is a business license allowing the husband and wife, in the name of the marriage, to enter into contracts with third parties and contract mortgages and debts. They can get car loans, home mortgages, and installment debts in the name of the marriage because it is not only a secular enterprise, but it is looked upon by the State as a privileged business enterprise as well as a for-profit business enterprise. The marriage contract acquires property through out its existence and over time, it is hoped, increases in value.
Also, the marriage contract “bears fruit” by adding children. If sometime later, the marriage fails, and a “divorce” results the contract continues in existence. The “divorce” is merely a contractual dissolution or amendment of the terms and conditions of the contract. Jurisdiction of the State over the marriage, over the husband and wife, now separated, continues and continues over all aspects of the marriage, over marital property and over children brought into the marriage.