Guardianship of Case

MOORE, P. J.

This is an appeal from an order removing a guardian and directing that the custody of the minor be restored to its father, and from an order denying a motion for a new trial in the matter.

The minor herein Louis Case was born in 1935. His mother died soon after his birth. Thereupon his maternal grandmother took the orphan into her custody and later on October 1, 1937, qualified as his guardian. She held that office until her removal by the judgment now before us. At the time of such appointment petitioner, the father of Louis, was serving the colors in the Navy from which he later retired. On January 2, 1940, he caused a citation to be issued to the guardian to show cause why she should not be removed. The matter finally came on for hearing on February 27, 1941. On June 3, 1941, an order was made denying the contestant’s petition for the removal of the guardian. Oh the 25th day of June, 1942, the father filed a second petition for the removal of the guardian upon which citation was issued to the guardian to show cause on the 17th day of July, 1942.

After a hearing on such petition the court made findings which have established facts pertinent to the issues raised by the contest: Petitioner resides in Los Angeles County; in all respects he is able to care and provide for the minor and to give him the sustenance and care due an infant from a parent; the child has no estate; the father desires to have the boy with him and to bestow upon him his support and parental affection. Petitioner is a fit and proper person to have the care, custody and control of his son, and is qualified to direct the moral and spiritual training of the child. It is no longer necessary to have a guardian. Although the grandmother has had the custody of the minor since his birth she is not financially able to provide for the child. While she has sought charity from the Masonic Order within the past two years, she has refused offers of money from petitioner. Moreover, the husband of the guardian is not related to the child and there is substantial evidence that his conduct as to the use of profanity and alcohol in the presence of Louis

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does not indicate a wholesome environment for the development of a boy of seven. For good reasons, therefore, the court concluded that the welfare of the minor will best be served by terminating the guardianship and restoring the child to his father.