Guardianship of Burket

The question for decision here is whether the Superior Court of Los Angeles County may appoint as guardian the father of a 14-year-old boy, who has been nominated by the boy, where five years before in a divorce proceeding in Orange County the custody of the boy was awarded to the mother.

By the interlocutory decree entered February, 1938, the custody of the boy was awarded to his mother, appellant herein. Provision was made for the support of the child by the father, respondent herein, and for periodic visits with him. Thereafter, in August, 1939, and in July, 1940, motions of the father for…