Page:United States Statutes at Large Volume 47 Part 1.djvu/1166

1142 Obligation for su p- port, etc . Custody of minors Post, p. 1143 . Custody, when par- ents separ ated . Action for exclusive control of children ; decree. Custody of i llegi ti- mate child . Post, p. 1180. Allowance to par- ents . Control child's prop- erty . Remedy for parental abuse . 72d CONGRESS . SESS. II. CH. 128. FEBRU ARY 27, 19 33. SEC . 140 . OBLIGATION OF PARENTS FOR THE SUP PO RT AND EDUCATION OF TH EIR C HIL DR EN .-The pare nt en title d to the c ustod y of a child must give him support and education suitable to his circumstances ; provid ed, t hat if a c hild has e arnin gs of his own sufficient therefor, the cost of his support and education may be taken therefrom . 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 . SEC . 141 . CUSTODY O F MINORS .-The father and mother of a legiti- mate unmarried minor child are equally entitled to its custody and services . If either the father or mother be dea d or unable or refuse to ta ke the cus tody or has aba ndone d his or her fa mily, the other is entitled to its custody and servi ces. CROSS REFERENCES Action for control of child, see section 143 . Control over property of child, see section 146 . Property of child, parent as such has no control of, see section 146 . Relinquishing right to child's earnings, see section 155 . SEC. 142 . HUSBAND AND WIFE LIVI NG SE PARAT E, NE ITHER TO HAVE SUPERIOR RIGHT TO CUSTODY OF CHILDREN.-The husband and father, as suc h, has no right s sup erior to t hose of the w ife and mo the r, in regard to the care, custody, education, and control of the children of the marriage, while suc h hus ba nd and wife live separate and apa rt fro m eac h other. SEC . 14 3. WHEN HUSBAND OR WIFE MAY BRING ACTION FOR EXCLUSIVE CON TRO L OF CHILDREN ; DECREE IN BITCH 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 district cou rt ma y, 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 childr en of the marri age, as may be just, and in ac corda nce wi th the natural rights of the parents and the best interests of the children, and may at any tim e the re aft er amend, va ry, or modify such order or decree, as the natural rights and the interests of the parties, includ ing the ch ildre n, may req uire . SEC. 14 4. CUSTODY OF ILLEGITIMATE cmu. s.-The mother of an illegi timat e unm arrie d min or is enti tled to its cus tody and services . Cnoss REE °ER EN Cm Inheritance from illegitimate child, see section 404 SEC. 145. ALLOWANCE TO PARENTS:The district court may direct an all owanc e to be ma de to the paren t of a child, out of its pr opert y, for its past or future support and education, on such conditions as may be proper, whenever su ch direction is for its benefit . SEC. 146 . PARE NT CAN NOT CONT ROL PROPERTY OF CHILD.-The parent , as such, has no control over the property of the child . SEC. 147. REMEDY FOR PARENTAL ABUSE .-The abuse of parental authority is the subject of judicial cognizance in a civil action br ou ght by the child, or by its relative within the thi rd degre e, or by the district attorney of the Canal Zone ; and when the abuse is estab- lished, the child may be fre ed fr om the dominion of the parent, and the duty of support a nd ed ucati on enf orced .