Chap. 264.——-An ACT to amend and re-enact sections 5314, 5316 and 5320 of
the Code of Virginia, all of which sections are in chapter 216 of the said
Code entitled “Guardians and Wards.” [S B 192]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That sec-
tions fifty-three hundred and fourteen, fifty-three hundred and six-
teen, and fifty-three hundred and twenty of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 5314. Testamentary guardians——Every father may by his
last will and testament appoint a guardian for the estate bequeathed by
him to his child born or to be born and for such time during its infancy
as he shall direct. Every mother may in like manner by her last will
and testament appoint a guardian for the estate bequeathed by her to
her infant child, and for such time during its infancy as she shall
direct. Such guardian shall have the custody and control of the estate
committed to his care, but no testamentary guardian other than a parent
shall be entitled to the custody of the person of his ward so long as
either parent survives and such surviving parent is a fit and proper
person to have the custody of such child.

Section 5316. What courts may appoint guardians.—The circuit
court of any county or the circuit or corporation court of any city, ex-
cept the city of Richmond, or the clerk of such court or judge thereof
in vacation, in which any minor resides, or, if he be a resident out of
the State, in which he has any estate, may appoint a guardian for him,
unless he have a guardian appointed as aforesaid by his father or
mother. In the city of Richmond the chancery court of said city and
judge thereof shall have such power.

Section 5320. Custody and care of wards and their estate; their
education and custody of their persons; termination and settlement
of trusts of guardians.—Every guardian who is appointed as afore-
said, and gives bond when it is required, shall have the custody of
his ward, except as otherwise provided in section fifty-three hundred
and fourteen of the Code. and the possession, care, and management
of his estate, real and personal, and out of the proceeds of such estate
shall provide for his maintenance and education. But the father and
mother of every legitimate unmarried minor child, if living together
and being themselves respectively competent to transact their own busi-
ness and not otherwise unsuitable, shall be the joint natural guardians
of the person of such child, with equal legal powers and equal legal
rights in regard to such child; and upon the death of either parent the
survivor shall be the natural guardian of the person of such child. If
either parent has abandoned his or her family, the other shall be the
natural guardian of the person of such child. If the father and mother
be living apart, whether partially or absolutely divorced or not, a court
of competent jurisdiction, in awarding the custody of the child to
either parent or to some other person, shall give primary considera-
tion to the welfare of the child, and as between parents there shall be
no presumption of law in favor of either parent. Unless the guardian
shall sooner die, be removed, or resign his trust, he shall continue in
office until the minor, being a male, shall attain the age of twenty-one
years, or being a female, shall attain that age, or a receiver be ap-
pointed under section fifty-one hundred and thirty-six to hold her
property for her, or in the case of testamentary guardianship, until
the termination of the period limited therefor. At the expiration of
his trust, he shall deliver and pay all the estate and money in his hands,
or with which he is chargeable, to the person entitled to receive the
same.