PARENT AND CHILD 2751

ARTICLE 72A.

PARENT AND CHILD.

	1.	Natural guardianship ; right	of par-	3. Suits for injury	of minor child.
	2	ents over children. Wages of minors.		4. Appointment of by last will	a guardian by parent and .testament.

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.

Cited but not construed in Yost v. Yost, 172 Md. 133.

See art. 16, sec. 41; art. 46, sec. 11; art. 93, secs. 129 and 246.

As to guardian and ward, see art. 93, sec. 152, 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. 60.

1929, ch. 561, sec. 3. 1937, ch. 37.

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 occasioned
by the seduction of the child, or by an injury wrongfully or negligently
inflicted upon it. The mother of an illegitimate child shall have the right
to sue for the loss of wages or services of her minor child when such loss
is occasioned by the seduction of the child or by an injury wrongfully
or negligently inflicted upon it. Provided, nothing contained herein shall
be deemed to supersede, limit, modify or affect Article 101 of this Code.

See art. 16, sec. 169; art. 75, secs. 28 (87), 60 and 68, and art. 93, sec. 157.

1929, ch. 561, sec. 4.

4. The sole surviving parent of any minor child may, by will duly
executed, appoint a suitable guardian of the person or property, or both,