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Father legitimating child by acknowledging it: Sec. 230; and compare post, sec. 1387.

Mother entitled to custody of illegitimate unmarried minor: See post, sec. 200.

Illegitimate's earnings: See sec. 200.
Illegitimates, heirs to whom: Post, sec. 1387.
Mother succeeds to estate of illegitimate: Post, sec. 1388.

$ 194. Children after dissolution of marriage. All chil. dren of a woman who has been married, born within ten months after the dissolution of the marriage, are presumed to be legitimate children of that marriage. En. March 21, 1872. Am'd. 1873-4, 194.

Cal.Rep.Cit. 75, 381; 137, 134.

f 195. Who may dispute the legitimacy of a child. The presumption of legitimacy can be disputed only by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such case, may be proved like any other fact. En. March 21, 1872.

Cal.Rep.Cit. 75, 381; 137, 303.

§ 196. Obligation of parents for the support and educa. tion of their children. The parent entitled to the custody of a child must give him support and education suitable to his circumstances. If the support and education which the father of a legitimate child is able to give are inadequate, the mother must assist him to the extent of her ability. En. March 21, 1872.

Cal.Rep.Cit. 71, 497; 95, 378; 109, 648; 130, 382; 134, 116.
Action to enforce parental duty: Sec. 203, infra.

Third person supplying necessaries: Secs. 207, 208, infra.

Willful failure to support child is a misdemeanor: Pen. Code, sec. 270.

Deserting child is a felony: Pen. Code, sec. 271.

Disposing of child for mendicant purposes: See Pen. Code, sec. 272.

Supporting poor relatives: See sec. 206, infra.
Injury to child, action for: See Code Civ. Proc., sec. 376.

$ 197. Custody of legitimate child. The father of a 7 legitimate unmarried minor child is entitled to its cus

tody, services, and earnings; but he cannot transfer such custody or services to any other person, except the mother, without her written consent, unless she has deserted him, or is living separate from him by agreement. If the father be dead, or be unable, or refuse to take the custody, or has abandoned his family, the mother is entitled thereto. En. March 21, 1872. Am'd. 1873-4, 194.

Cal.Rep.Cit. 95, 378; 130, 382; 134, 116; 137, 276. Relinquishing right to child's earnings: Sec. 211, infra.

Property of child, parent, as such, has no control of: Sec. 202, infra.

Guardian, appointment of: See post, secs. 241 et seq.

$198. Husband and wife living separate, neither to have superior right to custody of children. The husband and father, as such, has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the marriage, while such husband and wife live separate and apart from each other. En. March 21, 1872.

Cal.Rep.Cit. 137, 276.
Custody of child in divorce causes: See ante, sec. 138.

$ 199. When husband or wife may bring action for the exclusive control of children. Decree in such cases. Without application for a divorce, the husband or the wife may bring an action for the exclusive control of the children of the marriage; and the court may, during the pendency of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education, and control of the children of the marriage, as may be just, and in accordance with the natural rights of the parents and the best interests of the children, and may at any time thereafter amend, vary, or modify such order or decree, as the natural rights and the interests of the parties, including the children, may require. En. March 21, 1872.

Cal.Rep.Cit. 109, 649.
Compare with sec. 214, infra.

Control of children pending divorce proceedings: See ante, sec. 138.

Awarding custody of child-Considerations that should govern the court: Post, sec. 246.

$ 200. Custody of an illegitimate child. The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings. En. March 21, 1872.

Mother the heir of illegitimate child: Post, sec. 1388.

8 201. Allowance to parent. The proper court may di. rect an allowance to be made to the parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. En. March 21, 1872.

$ 202, Parent cannot control the property of child. The parent, as such, has no control over the property of the child. En. March 21, 1872.

Same principle: Post, sec. 242.
Guardian of minor's estate: See post, secs. 241 et seq.

$ 203. Remedy for parental abuse. The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child or by its relative within th third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced. En. March 21, 1872. Cal.Rep.Cit. 103, 356; 103, 357 ; 109, 647; 109, 648; 109, 649;

109, 650; 109, 651 ; 109, 653; 109, 654 ; 109, 655; 109, 657;

109, 659; 109, 660; 109, 661; 124, 678. Parental duty: See ante, sec. 196.

Omission to supply a child with necessaries is a misdemeanor, and desertion is punished by imprisonment: Pen. Code, secs. 270, 271.

$ 204. When parental authority ceases. The authority of a parent ceases:

1. Upon the appointment, by a court, of a guardian of the person of a child;

2. Upon the marriage of the child; or,
3. Upon its attaining majority. En. March 21, 1872.
Cal.Rep.Cit. 109, 649; 119, 601. Subd. 3—119, 601.

$ 205. Remedy when a parent dies without providing for the support of his child. If a parent chargeable with the support of a child dies, leaving it chargeable to the county,

and leaving an estate sufficient for its support, the superFisors 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. En. March 21, 1872.

Cal.Rep.Cit. 109, 649.

$ 206. Reciprocal duties of parents and children in maintaining each other. 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. En. March 21, 1872.

Cal.Rep. Cit. 124, 54.
Mother supporting children: Ante, sec. 196.
Wife supporting husband: Ante, sec. 176.

207. When a parent is liable for necessaries supplied to a child. 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 reasonable value thereof from the parent. En. March 21, 1872.

Cal.Rep.Cit. 109, 649.

Infant liable on contract for necessaries: See ante, sec. 36.

$ 208. When a parent is not liable for support furnished his child. A parent is not bounů 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. En. March 21, 1872.

Cal.Rep.Cit. 125, 72.

$ 209. Husband not bound for the support of his wife's children by a former marriage. A busband 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, uor he to them for their services. En. March 21, 1872.

Cal.Rep.Cit. 74, 321 ; 124, 70; 125, 70.

8 210. Compensation and support of adult child. 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. En: March 21, 1872.

$ 211. Parent may relinquish services and custody of child. 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. En. March 21, 1872.

Cal.Rep.Cit. 115, 151.

$ 212. Wages of minors. 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. En. March 21, 1872. Am'd. 1873-4, 194.

8 213. Right of parent to determine the residence of child. 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. En. March 21, 1872.

Residence, husband's right to change: See ante, sec. 156.

8 214. Wife in certain cases may obtain custody of minor children. 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 246. En. March 21, 1872.

See act of March 7, 1874, relative to orphans and aban. doned children: Stats. 1873-4, p. 297. Am'd. 1877-8, p. 82.

Custody of child without divorce of parents: See ante, sec. 199.

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