Guardianship of Marshall

VALLEE, J.

Appeal from an order denying a petition of Margaret Dupray to terminate the guardianship of the person of Diane Marshall, a minor, and for her custody. The order adjudges: 1. Letters of guardianship were issued to Lorraine Bridges Marshall, as guardian of the person of Diane, on March 15, 1950. 2. The petitioner, the natural mother, had abandoned Diane. 3. Lorraine Bridges Marshall, the stepmother, is a fit and proper person to have the custody of Diane, and no grounds for her removal have been proved. 4. It is for the best interests of Diane that Lorraine Marshall remain as her guardian. Margaret Dupray appealed. Her principal contention is that the evidence does not support the finding of abandonment.

On April 30, 1939, Margaret and John R. Marshall, Jr., were married. On January 19,1941, Diane was born the issue

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of the marriage. Later in. 1941, Margaret went to live with Theodore Bunn, an entertainer. Sometime in December 1941, John filed an action for divorce against Margaret. On February 18,1942, an interlocutory decree of divorce was granted and John was given custody of Diane, with the right of reasonable visitation by Margaret. Margaret and John cohabited together as man and wife until sometime in April or the first part of May 1942. Later Margaret resumed living with Bunn. From May 1942 until 1947, Margaret lived with Bunn. With the exception of two months, he supported her during that period of time.

On March 19, 1943, a final decree of divorce between John and Margaret was entered. The final decree adopted the provisions of the interlocutory decree concerning custody and visitation.

When Margaret finally separated from John, Diane was 15 months old. John was about 19 years old. John took Diane to the home of his mother, Mrs. Edna Marshall, in Brentwood, where Diane lived until John married Lorraine on August 28, 1946. From the time that John married Lorraine until the present time, Diane has been in the custody of Lorraine. John had told Margaret that Diane was at Edna’s home. Margaret knew where Edna lived; she lived at 235 Homewood Road, Brentwood. Prior to the divorce, Margaret had visited at this home “many, many times.”

During the period that Diane lived with her grandmother, Margaret did not write or inquire of Edna concerning Diane. In 1946, John took Margaret to visit Diane at his mother’s home in Brentwood “of which he had been wanting to do.” Margaret did not tell Diane she was her mother. From 1942 to the time of trial, Margaret has been continuously a resident of the county of Los Angeles. At no time during this period did she communicate with Diane or provide for her welfare, except on that one occasion in 1946. She never sent cards nor gifts to her on her birthdays or at Christmas.