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support, the supervisors of the county may claim provision for its support from the parent's estate by civil action, and for this purpose may have the same remedies as any creditors against that estate, and against the heirs, devisees, and next of kin of the parent.

206. It is the duty of the father, the mother, and the children of any poor person who is unable to maintain himself by work, to maintain such person to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to such parent is binding.

207. If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasable value thereof from the parent.

208. A parent is not bound to compensate the other parent, or a relative, for the voluntary support of his child, without an agreement for compensation, nor to compensate a stranger for the support of a child who has abandoned the parent without just cause.

209. A husband is not bound to maintain his wife's children by a former husband; but if he receives them into his family and supports them, it is presumed that he does so as a parent, and, where such is the case, they are not liable to him for their support, nor he to them for their services.

210. Where a child, after attaining majority, continues to serve and to be supported by the parent, neither party is entitled to compensation, in the absence of an agreement therefor.

211. The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment.

212. The wages of a minor employed in service may be paid to him, until the parent or guardian entitled thereto gives the employer notice that he claims such wages. 1873–194.

213. A parent entitled to the custody of a child has a right to change his residence, subject to the power of the proper court to restrain a removal which would prejudice the rights or welfare of the child.

214. When a husband and wife live in a state of separation, without being divorced, any court of competent jurisdiction, upon application of either, if an inhabitant of this state, may inquire into the custody of any unmarried minor child of the marriage, and may award the custody of such child to either, for such time and under such regulations as the case may require. The decision of the court must be guided by the rules prescribed in section two hundred and fortysix.

215. A child born before wedlock becomes legitimate by the subsequent marriage of its parents. 1873—195.

CHAPTER II.

Children by Adoption. Section

Section 221. Child, adoption.

227. Orders generally. 222. Who may adopt.

228. Adoption, effect of. 223. Wife's consent necessary. 229. Former relations. 224. Adoption generally.

230. Illegitimate. 225. Child's consent.

231. Action to determine relation. 226. Proceedings generally.

221. Any minor child may be adopted by an adult person in the cases and subject to the rules prescribed in this chapter.

222. The person adopting a child must be at least ten years older than the person adopted. 1873–195.

223. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife, nor can a married woman not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent. 1873–195.

224. A legitimate child cannot be adopted without the consent of its parents, if living, nor an illegitimate child without the consent of its mother if living, except that consent is not necessary in the following cases, to-wit :

1. From a father or mother if deprived of civil rights.

2. From a father or mother adjudged guilty of adultery or cruelty and for either cause divorced.

3. From a father or mother who has been judicially deprived of the custody and control of such child on the ground of abandonment, cruelty, neglect or habitual intemperance, by order of the juvenile court declaring said child to be free from the custody and control of its parents as provided in the juvenile court law of the State of California, approved June 5, 1915, and any act or acts superseding or amending same.

4. From a father or mother who has been declared either feebleminded or insane by the state commission in lunacy or by three competent persons appointed by said commission; provided, that if so declared insane, said father or mother shall have subsequently been determined to be incurably insane by the superior court of the county where he or she resides.

5. From a father or mother of any child deserted by its parents without provision for their identification.

6. From a father or mother of any child relinquished by its parent or parents for the purpose of adoption expressed in writing signed and acknowledged by such parent or parents before an officer authorized to take acknowledgments, or signed by such pa nt or parents before two subscribing witnesses and acknowledged by such parent or parents before the secretary of any organization or society engaged in the work of placing dependent or deserted children into homes in this state, which organization or society has obtained a permit there

for, duly executed in writing, from the state board of charities and corrections, and when a copy of this relinquishment shall have been filed with the state board of charities and corrections prior to the commencement of any adoption proceedings affecting such child.

Such relinquishment, when reciting that the person making it is entitled to the sole custody of the minor, shall, when duly acknowledged before such officer or secretary, be prima facie evidence of the right of the person making it to the sole custodv of the child and such persons sole right to relinquish.

Any child, the consent of whose parents is not necessary for its adoption within the meaning of this section maintained by or in the custody of any orphan asylum within this state, any charitable organization or society receiving state aid or receiving commitments from the juvenile court, may be adopted with the consent of the president of such orphan asylum, charitable organization or society, or with the consent of such officer as may be authorized by the directors or managers of such asylum, organization or society to consent to adoption in such cases. Any orphan child for whose support no provision has been made by any person for a period of one year, but who has been maintained during said year, by or in the custody of any orphan asylum within this state, any charitable organization or socity receiving state aid or receiving commitments from the juvenile court may be adopted .with the consent of the president of such orphan asylum. charitable organization or society or wit' the consent of such officer as may be authorized by the directors or managers of such asylum, organization or society to consent to adontion in such cases. 1921–307."

225. The consent of a child, if over the age of twelve years, is necessary to its adoption,

226. Any person desiring to adopt a child, may for that purpose, petition the superior court of the county in which the petitioner resides. The person adopting a child, and the child adopted, and the other persons, if within or residents of said county, whose consent is necessary, must appear before the court, and the necessary consent must thereupon be signed and an agreement executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated. If the mersons whose consent is necessary are not within or are not residents of said county, then their written consent, duly proved and acknowledged, according to sections eleven hundred and eighty-two and eleven hundred and eighty-three, must be filed in said superior court at the time of the application for adoption. 1907–329.

227. The court must examine all persons appearing before it pursuant to the last section, each separately, and if satisfied that the interests of the child will be promoted by the adoption, it must make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. The petition, agreement, consent, and order must be filed and registered in the office of the county clerk in the same manner as papers in other special proceedings. 1905-556.

228. A child, when adopted, may take the family name of the person adopting. After adoption, the two shall sustain toward each other the legal relation of parent and child, and have all the rights and be subject to the duties of that relation. 1873–195.

229. The parents of the adopted child are, from the time of adoption, relieved of all parental duties towards, and all responsibility for, the child so adopted, and have no right over it.

230. The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.

231. An action may be brought for the purpose of having declared. the existence or non-existence between the parties of the relation of parent and child, by birth or adoption. 1921–137.

TITLE III.

Guardian and Ward. Section

Section 236. Guardian generally.

251. Court control. 237. Ward-what.

252. Survivor continues, power. 238. General, special.

253. Removal, generally. 239. General guardian.

254. Parent appointment, super240. Special guardian.

seded. 241. By will.

255. Power discontinued. 242. Insane persons.

256. Ward's release. 246. General rules.

257. Discharge. 250. Confidential.

236. A guardian is a person appointed to take care of the person or property of another.

237. The person over whom or over whose property a guardian is appointed, is called his ward.

238. Guardians are either:
1. General; or,
2. Special.

239. A general guardian is a guardian of the person or of all the property of the ward within this state, or both.

240. Every other is a special guardian.

241. A guardian of the person or estate, or both, of a child born, or likely to be born, may be appointed by will or by deed, to take effect upon the death of the parent appointing;

1. If the child be legitimate, by the father, with the written consent of the mother; or by either parent, if the other be dead or incapable of consent.

2. If the child be illegitimate, by the mother. 1873–195.

242. A guardian of the person or estate, or of both, of an insane or incompetent person may be appointed by will or deed, to take effect upon the death of the person appointing :

1. If the insane or incompetent person be unmarried, or be a person whose marriage has been annulled or dissolved by death or divorce, by the father, with the written consent of the mother, or by either parent if the other be dead or incapable of consent.

29

CIVIL CODE

Sec. 253

CIVIL CODE

Sec. 253 2. If the insane or incompetent person be married and a person whose marriage has not been annulled or dissolved by divorce, then by the spouse. 1917–645.

246. In awarding the custody of a minor, or in appointing a general guardian, the court or officer is to be guided by the following considerations:

1. By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child is of sufficient age to form an intelligent preference, the court may consider that preference in determining the question.

2. As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but other things being equal, if the child is of tender years, it should be given to the mother; if it is of an age to require education and preparation for labor and business, then to the father;

3. Of two persons equally entitled to the custody in other respects, preference is to be given as follows:

(1.) To a parent;

(2.) To one who was indicated by the wishes of the deceased parent:

(3.) To one who already stands in the position of a trustee of a fund to be applied to the child's support;

(4.) To a relative.

4. Any parent who knowingly or willfully abandons, or having the ability to do so, fails to maintain his minor child under the age of fourteen years, forfeits the guardianship of such child; and any parent or guardian who knowingly permits his child or ward to remain for the space of one year in any orphan asylum of this state, wherein such child is supported by charity, and who, during such period, fails to give notice in writing to the managers or officers of such asylum that he is such parent or guardian, abondons and forever forfeits all right to the guardianship, care, custody, and control of such child. The officers and managers of any orphan asylum having such abandoned child in its care have the preferred right to the guardianship of such child. 1905-728.

250. The relation of guardian and ward is confidential, and is subject to the provisions of the title on trust.

251. In the management and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court.

252. On the death of one or two or more joint guardians, the power continues to the survivor until a further appointment is made by the court.

253. A guardian may be removed by the superior court for any of the following causes:

1. For abuse of his trust;
2. For continued failure to perform its duties;
3. For incapacity to perform its duties;
4. For gross immorality;

5. For having an interest adverse to the faithful performance of his duties;

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