Page:United States Statutes at Large Volume 76A.djvu/785

–689– -689§ 331. Legitimacy of issue of wife cohabiting with husband The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate. § 332. Children born in wedlock All children born in wedlock are presumed to be legitimate. § 333. Children born after dissolution of marriage All children of a woman who has been married, born within 10 months after the dissolution of the marriage, are presumed to be legitimate children of that marriage. § 334. Who may dispute legitimacy The presumption of legitimacy may be disputed only by the Government of the Canal Zone in a criminal action brought pursuant to section 431 of this title, or by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such a case, may be proved in the same manner as any other fact. § 335. Subsequent marriage of parents A child born before wedlock becomes legitimate by the subsequent marriage of its parents. § 336. Custody of minors The father and mother of a legitimate immarried minor child are equally entitled to his custody and services; but either one of them is entitled to the custody and services if the other: (1) is dead or unable to take the custody; (2) refuses to take the custody; or (3) has abandoned the family. § 337. Rights of parents when separated The husband and father 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 the husband and wife live separate and apart from each other. § 338. Action and decree for exclusive control of children Without applying for a divorce, either spouse may bring an action for the exclusive control of the children of the marriage. During the pendency of the action, at the final hearing, or afterwards, the district court may make any 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. At any time after an order or decree is made, the court may amend, vary, or modifv it, as the natural rights and the interests of the parties, including the children, may require. § 339. Custody of illegitimate child The mother of an illegitimate unmarried minor is entitled to its custody and services. § 340. Allowance to parent The district court may direct 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 a direction is for its benefit. § 341. Control of property of child The parent, as such, has no control over the property of the child.

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