separate property, and there is no community property, and he is unable, from infirmity, to support himself. [In effect July 1, 1874.] § 177. The property rights of husband and wife are gov erned by this chapter, unless there is a marriage settlement containing stipulations contrary thereto. § 178. All contracts for marriage settlements must be in writing, and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved. § 179. When such contract is acknowledged or proved, it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. Recorder must record. Pol. Code, § 4235. § 180. The recording or non-recording of such contract has a like effect as the recording or non-recording of a grant of real property. § 181. A minor capable of contracting marriage may make a valid marriage settlement. Married women may become sole traders, &c. Code Civ. Proc. § 18111821. TITLE II. PARENT AND CHILD. CHAPTER I. BY BIRTH, §§ 193-215. CHAPTER I. CHILDREN BY BIRTH. PROTION 193. Legitimacy of children born in wedlock. 194. Legitimacy of children born out of wedlcek. 195. Who may dispute the legitimacy of a child. 196. Obligation of parents for the support and education of their children. 197. Custody of legitimate child SECTION 198. Husband and wife living separate, neither to have superior right to custody of children. 199. When husband or wife may bring action for the exclusive control of children. Decree in such cases. 200. Custody of an illegitimate child. 201. Allowance to parent. 202. Parent cannot control the property of child. 204. When parental authority ceases. 205. Remedy when a parent dies without providing for the support of his child. 206. Reciprocal duties of parents and children in maintaining each other. 207. When a parent is liable for necessaries supplied to a child 208. When a parent is not liable for support furnished his child. 209. Husband not bound for the support of his wife's children by a former marriage. 210. Compensation and support of adult child. 211. Parent may relinquish services and custody of child 212. Wages of minors. 213. Right of parent to determine the residence of child. 214. Wife in certain cases may obtain custody of minor children. 215. Child legitimized by marriage of parents § 193. All children born in wedlock are presumed to be legitimate. § 194. All children 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. [In effect July 1, 1874.] § 195. 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. § 196. 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 bim to the extent of her ability, § 197. The father of a legitimate unmarried minor child is entitled to its custody, 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. [In effect July 1, 1874.] § 198. 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. § 199. 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. $ 200. The mother of an illegitimate unmarried minor is entitled to its custody, services, and earnings. § 201. The proper 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 direction is for its benefit. § 202. The parent, as such, has no control over the property of the child. § 203. The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by its relative within the 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. Omission to supply a child with necessaries is a misdemeanor, and desertion is punished by imprisonment. Penal Code, §§ 270, 271. § 204. 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. § 205. 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 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 reasonable 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 vidence 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. [In effect July 1, 1874.] § 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 ights 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 246. See Act of March 7, 1874, Relative to Orphans and Abandoned Children Appendix, pp. § 215. A child born before wedlock becomes legitimate by the subsequent marriage of its parents. [In effect July 1, 1874.] Child stealing is punished by § 278 of the Penal Code, and abortion, or submitting to attempted abortion, by imprisonment of from one to five years, §§ 274, 275. CHAPTER II. SECTION 221. Child may be adopted. 223. Consent of wife necessary. 225. Consent of child. 226. Proceedings on adoption. 227. Judge's order. 228. Effect of adoption. 229. Effect on former relations of child. 230. Adoption of illegitimate child. § 221. Any minor child may be adopted by any adult per son, in the cases and subject to the rules prescribed in this chapter. |