930 ARTICLE 72A.
ARTICLE 72A.
PARENT AND CHILD.
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1. Natural guardianship; right of par-
ents over children.
2. Wages of minors.
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3. Suits for injury of minor child.
4. Appointment of a guardian by parent
by last will and testament.
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1929, ch. 561, sec. 1.
1. The father and mother are the joint natural guardians of their
minor child and are equally charged with its care, nurture, welfare and
education. They shall have equal powers and duties, and neither parent
has any right superior to the right of the other concerning the child's cus-
tody. If either the father or mother dies, or abandons his or her family,
or is incapable of acting, the guardianship devolves upon the other parent.
Where the parents live apart, the court may award the guardianship of
the child to either of them. Provided: the provisions of this Article shall
not be deemed to affect the existing law relative to the appointment of a
third person as guardian of the person of the minor where the parents are
unsuitable, or the child's interests would be adversely affected by remain-
ing under the natural guardianship of its parent or parents.
A mother cannot sue her minor son for injuries caused by his negligence,
since she is, jointly with the father, his natural guardian. Schneider v.
Schneider, 160 Md. 21.
See art. 16, sec. 39; art. 46, sec. 10A; art. 93, secs. 192 and 246.
As to guardian and ward, see art. 93, sec. 149, et seq.
1929, ch. 561, sec. 2.
2. If one of the parents be dead, or has abandoned the child, or been
deprived of its custody by court decree, the other is entitled to its services
and earnings.
As to employment of minors, see art. 100, sec. 4, et seq.
See art. 101, sec. 48.
1929, ch. 561, sec. 3.
3. If either the father or mother be dead, or has abandoned the child,
or been deprived of its custody by court decree, the other may sue for
loss of the wages or services of their minor child when such loss is occa-
sioned by the seduction of the child, or by an injury wrongfully or negli-
gently inflicted upon it; provided, nothing contained herein shall be
deemed to supersede, limit, modify or affect Article 101 of Bagby's Anno-
tated Code of Maryland, entitled "Workmen's Compensation. "
See art. 16, sec. 162; art. 75, secs. 28 (87), 60 and 68, and art. 93, sec. 153A.
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