West Virginia Code § 44-10-7

Management of ward's estate; maintenance, education and custody;
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duration of guardianship; settlement.
Every guardian who is appointed as aforesaid, and gives bond when it is required, shall have
the possession, care and management of his ward's estate, real and personal, and out of the
proceeds of such estate shall provide for his maintenance and education; and shall have also,
except as otherwise provided in this article, the custody of his ward. Unlesse the guardian
shall die, be removed or resign his trust (and the court before which he qualified may allow
him to resign), he shall continue in office until his ward shall attain ther age of eighteen years
notwithstanding the ward may marry before that time, or, in the case of a 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 or persons entitled thereto. But thte father or mother of any minor
child or children shall be entitled to the custody of the person of such child or children, and
to the care of his or their education. If living together, the father and mother shall be the
joint guardians of the person of their minor child or children, with equal powers, rights and
duties in respect to the custody, control, services, earnings, and care of the education of
such minor child or children; and neither the father nor the mother shall have any right
paramount to that of the other in respect to such custody, control, services or earnings, and
care of the education of such minor child or children. If the father and mother be living
apart, the court to which application is made from the appointment of a guardian, or before
which any such matter comes in question, shall appoint, as guardian of the person of the
minor child or children of suche father and mother, that parent who is, in the court's opinion,
best suited for the trust, considering the welfare and best interests of such minor child or
children. No corporationL or trust company shall be guardian of any minor child or children
be entitled to the custody, control, services, earnings and care of the education of such
minor child or childr en, and when any corporation or trust company is guardian of the estate
of any minor cVhild or children and neither of the parents of such child or children is living, or
is a suitable person to act as guardian of the person of such child or children, then the court
shall appoint a guardian of the person of such child or children who shall be entitled to the
custody, control, services, earnings and care of the education of such minor child or
children. Any corporation or trust company appointed as guardian of the estate of any minor
child or children shall, unless for such minor child or children a nonresident of this state may
be appointed guardian, be a corporation organized under the laws of this state and doing
business in this state, or an authorized banking institution, defined as one authorized to
exercise trust and fiduciary powers within this state under section fourteen, article four,
chapter thirty-one-a of this code.

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