Page:United States Statutes at Large Volume 47 Part 1.djvu/1170

 1146 Remov atofgua rdian. SEC. 169a. REM OVA L OF GUARDIAN .-A guardian may be removed by the district court for any of the following causes : 1. For abuse of his trust ; 2. For continued failure to perform his duties ; 3. For incapacity to perform his duties ; 4. For gross immorality ; 5. For having an interest adverse to the faithful performance of his duties ; 6. For removal from the Canal Zone ; 7. In the case of a guardian of the property, for insolvency ; or, 8. When it is no longer proper that the ward should be under guardianship. GU ARDIAN HOW pointed by parent is SEC. 16911. APPOINTED BY PARENT, SIIPERSEDED. The superseded. power of a guardian appointed by a parent is superseded 1 . By his removal, as provided by section 169a ; 2 . By the solemnized marriage of the ward ; or 3. By the ward's attaining majority. How guardian ap- 72d CONGRESS. SESS. II. CH. ,128. FEB RUARY 27, 1933 . 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. custodyofminorardIni SEC. 166f. RIILES FOR AWAR DING CUSTODY OF MINOR.-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 a s ufficient age to f orm an intelligen t preference, the court may consider that preference in determining the question ; 2. As between parents adversely claiming the custody or guardian- ship, neither parent is entitled to it as of right ; but other things being equal, if the c hild is of tender years, it should be given to the mo ther if it i s of an age to re quire ed ucation and prep aration for labo r 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 a 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 par ent who knowingly or willfully aban dons, or hav ing the abi lity so to do, fa ils to m aintain his mino r child under th e age of fourteen years, forfeits the guardianship of such child. CROSS Rn cEwce Ante, p .1142. Respective rights of parents, see section 141 . ti Relation conflden- SEC. 167. RELATION CONFIDENTIAL .-The relation of guardian and ward is confide ntial, an d is sub ject to the prov isions o f chapte rs 49 POOE, pp. 1258, 12131. and 50 of this code on trusts. Guardian under SEC. 168. GIIARDIAN UNDER DIRECTION OF COURT .- In the ma nage- court's direction. ment and disposition of the person or property committed to him, a guardian may be regulated and controlled by the court. Death ot joint guard- ,SEC. 169 . DEATH OF A JOINT GII AR DI AN .-On the death of one of two or more joint guardians, the power continues to the survivor until a further appointment is made by the court. CROSS Ri mtmvoE Past, p. 1264. Survival of trust, see section 1033.