[719]*719Grady, J.
This proceeding is before the court upon a writ of review and the return thereto made by the superior court of Washington for King county.
On December 11, 1950, the court made an order permanently depriving the parents of Kristopher Jones, a minor, of any and all parental rights in or to the child, and directed that he be and remain a ward of the court in the temporary custody of the Catholic Charities of the Diocese of Seattle. The relator, Hjordis Michelson, the maternal grandmother of the child, sought his custody, but because of the condition of her health it was not deemed advisable that such an award be then made. The court continued the hearing of the proceeding until June 29, 1951. The purpose of the continuance of the hearing was to enable relator to make a showing to the court of such improvement in her health and ability to care for the child as might justify it in awarding his custody to her.
On May 16, 1951, a petition was filed in the welfare proceeding which alleged that a clinical report showed relator was afflicted with active tuberculosis. The court was requested to make inquiry and to enter such order as it deemed proper for the welfare of the child. Notice of hearing upon the petition was given to relator. On the return day, she appeared in court and was represented by counsel. The court made a very complete inquiry into the health condition of relator and her capacity and ability to care for the child for the purpose of determining whether his welfare would best be served by awarding his custody to her or to the Catholic Charities in order that he might be placed for adoption. The court found that relator was a woman of unquestioned integrity and high moral character, that she had great love for the child and to deny her application for his custody would cause her deep grief. The view was expressed that it was the duty of the court to do that which it deemed for the best welfare of the child, and in such endeavor the court must lay aside natural instincts and face the facts realistically.
The court found that relator was fifty years of age. Since about 1932, she had been under the care of a tuberculosis [720]*720clinic. Her disease was considered to be arrested in 1949, but sanitorium care was advised. The court further found that relator was suffering from a low grade, active pulmonary tuberculosis, and, though she had gained weight in the past two years, the general involvement of her lungs had somewhat increased. Experts in tuberculosis were of the opinion that in relator’s present condition the child should not be in personal contact with her. The experts were unable to assure the court that she would ever recover. They expressed their opinion that there was a chance that within a year or two she might recover. The court further found that relator was unmarried, on public assistance, and would have to depend wholly upon her twenty-two-year-old son to furnish support money for the child. The court recognized that delay in the permanent placement of the child of the age of Kristopher Jones makes such placement progressively more difficult and expressed the view that his welfare demanded that he be adopted.
The relator contends that the trial court, in its approach to and in its consideration of the problem presented, failed to recognize her legal status created by blood relationship with reference to her grandchild. Her position is that, when the rights of the parents of the child'were terminated by the judgment of the court, she became its natural guardian and entitled to its custody, and that the court erred in finding it was a dependent child when it had a grandparent able and willing to' provide for its care, support and maintenance.
We have not had occasion to determine the legal status of a blood relative when the parents of a minor child have died or are permanently deprived of its custody by a judgment of the court. We did make a statement in In re Stuart, 138 Wash. 59, 244 Pac. 116, that we had held in Morin v. Morin, 66 Wash. 312, 119 Pac. 745, that grandparents had no natural or inherent right to the custody of the child. An examination of those cases will disclose that the controversy arose between grandparents and parents and the main issues determined were the fitness of the respective parties to have [721]*721the custody of the children involved. The cases are of no aid to us in a determination of the question here presented.
We are of the opinion that, when the parents of the child were permanently deprived of custody, its grandmother became its natural guardian and entitled to its custody if she was found to be a fit and proper person and was capable of caring for and maintaining the child.
The subject of guardianship by nature finds much conflict of authority, as stated in 25 Am. Jur. 12, Guardian and Ward, § 7:
“There is some conflict among the authorities as to whether anyone but the father or mother can properly be said to be a natural guardian. Some cases expressly hold that the parents are the only natural guardians, and that no other relation has the right to claim the guardianship of a child except by appointment, while other authorities extend the term to the next of kin, as, for instance, the grandparents of an orphan child.”
The author cites a number of cases, to which we may add Commonwealth ex rel. Stevens v. Shannon, 107 Pa. Super. 557, 164 Atl. 352. The court in the latter case said:
“The affection of a grandparent can safely be said to be no less in depth than parental affection.”
The court was of the view that the principle of natural guardianship is one designed to maintain the family structure and should be applied by the courts unless clearly inconsistent with the welfare of the child.
In Tiffany on Domestic Relations (3d ed.) 395, § 148, we find the following:
“On the death of the father, guardianship by nature passes to the mother, and, on her death, to the grandfather or grandmother or any other person who is next of kin. Prima facie, the natural guardian is entitled to the custody of the child; but there are exceptions to the rule, resulting from the doctrine that the child’s welfare must be considered in awarding his custody.”
The supreme court of Georgia had this to say upon the subject of blood ties:
[722]*722“The law does not fly in the face of nature, but rather seeks to act in harmony with it, and to that end encourages the formation and continuance of those ties which, by the inscrutable providence of God, bind man to his own flesh.” Lamar v. Harris, 117 Ga. 993, 997, 44 S. E. 866 (1903); Waldrup v. Crane, 203 Ga. 388, 46 S. E. (2d) 919 (1948).
In determining the welfare of a child, blood relationships properly may be considered over better financial ability to enhance the standard of living of such child, as well as other factors affecting its material well-being. However, when such a factor as the health of the grandparent as disclosed by this record confronts the court, and it is made to appear that the child cannot have the personal care and attention of the custodian or the bestowal of natural love and affection in a personal way, any preference right created by or incidental to the natural guardianship necessarily diminishes.
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[719]*719Grady, J.
This proceeding is before the court upon a writ of review and the return thereto made by the superior court of Washington for King county.
On December 11, 1950, the court made an order permanently depriving the parents of Kristopher Jones, a minor, of any and all parental rights in or to the child, and directed that he be and remain a ward of the court in the temporary custody of the Catholic Charities of the Diocese of Seattle. The relator, Hjordis Michelson, the maternal grandmother of the child, sought his custody, but because of the condition of her health it was not deemed advisable that such an award be then made. The court continued the hearing of the proceeding until June 29, 1951. The purpose of the continuance of the hearing was to enable relator to make a showing to the court of such improvement in her health and ability to care for the child as might justify it in awarding his custody to her.
On May 16, 1951, a petition was filed in the welfare proceeding which alleged that a clinical report showed relator was afflicted with active tuberculosis. The court was requested to make inquiry and to enter such order as it deemed proper for the welfare of the child. Notice of hearing upon the petition was given to relator. On the return day, she appeared in court and was represented by counsel. The court made a very complete inquiry into the health condition of relator and her capacity and ability to care for the child for the purpose of determining whether his welfare would best be served by awarding his custody to her or to the Catholic Charities in order that he might be placed for adoption. The court found that relator was a woman of unquestioned integrity and high moral character, that she had great love for the child and to deny her application for his custody would cause her deep grief. The view was expressed that it was the duty of the court to do that which it deemed for the best welfare of the child, and in such endeavor the court must lay aside natural instincts and face the facts realistically.
The court found that relator was fifty years of age. Since about 1932, she had been under the care of a tuberculosis [720]*720clinic. Her disease was considered to be arrested in 1949, but sanitorium care was advised. The court further found that relator was suffering from a low grade, active pulmonary tuberculosis, and, though she had gained weight in the past two years, the general involvement of her lungs had somewhat increased. Experts in tuberculosis were of the opinion that in relator’s present condition the child should not be in personal contact with her. The experts were unable to assure the court that she would ever recover. They expressed their opinion that there was a chance that within a year or two she might recover. The court further found that relator was unmarried, on public assistance, and would have to depend wholly upon her twenty-two-year-old son to furnish support money for the child. The court recognized that delay in the permanent placement of the child of the age of Kristopher Jones makes such placement progressively more difficult and expressed the view that his welfare demanded that he be adopted.
The relator contends that the trial court, in its approach to and in its consideration of the problem presented, failed to recognize her legal status created by blood relationship with reference to her grandchild. Her position is that, when the rights of the parents of the child'were terminated by the judgment of the court, she became its natural guardian and entitled to its custody, and that the court erred in finding it was a dependent child when it had a grandparent able and willing to' provide for its care, support and maintenance.
We have not had occasion to determine the legal status of a blood relative when the parents of a minor child have died or are permanently deprived of its custody by a judgment of the court. We did make a statement in In re Stuart, 138 Wash. 59, 244 Pac. 116, that we had held in Morin v. Morin, 66 Wash. 312, 119 Pac. 745, that grandparents had no natural or inherent right to the custody of the child. An examination of those cases will disclose that the controversy arose between grandparents and parents and the main issues determined were the fitness of the respective parties to have [721]*721the custody of the children involved. The cases are of no aid to us in a determination of the question here presented.
We are of the opinion that, when the parents of the child were permanently deprived of custody, its grandmother became its natural guardian and entitled to its custody if she was found to be a fit and proper person and was capable of caring for and maintaining the child.
The subject of guardianship by nature finds much conflict of authority, as stated in 25 Am. Jur. 12, Guardian and Ward, § 7:
“There is some conflict among the authorities as to whether anyone but the father or mother can properly be said to be a natural guardian. Some cases expressly hold that the parents are the only natural guardians, and that no other relation has the right to claim the guardianship of a child except by appointment, while other authorities extend the term to the next of kin, as, for instance, the grandparents of an orphan child.”
The author cites a number of cases, to which we may add Commonwealth ex rel. Stevens v. Shannon, 107 Pa. Super. 557, 164 Atl. 352. The court in the latter case said:
“The affection of a grandparent can safely be said to be no less in depth than parental affection.”
The court was of the view that the principle of natural guardianship is one designed to maintain the family structure and should be applied by the courts unless clearly inconsistent with the welfare of the child.
In Tiffany on Domestic Relations (3d ed.) 395, § 148, we find the following:
“On the death of the father, guardianship by nature passes to the mother, and, on her death, to the grandfather or grandmother or any other person who is next of kin. Prima facie, the natural guardian is entitled to the custody of the child; but there are exceptions to the rule, resulting from the doctrine that the child’s welfare must be considered in awarding his custody.”
The supreme court of Georgia had this to say upon the subject of blood ties:
[722]*722“The law does not fly in the face of nature, but rather seeks to act in harmony with it, and to that end encourages the formation and continuance of those ties which, by the inscrutable providence of God, bind man to his own flesh.” Lamar v. Harris, 117 Ga. 993, 997, 44 S. E. 866 (1903); Waldrup v. Crane, 203 Ga. 388, 46 S. E. (2d) 919 (1948).
In determining the welfare of a child, blood relationships properly may be considered over better financial ability to enhance the standard of living of such child, as well as other factors affecting its material well-being. However, when such a factor as the health of the grandparent as disclosed by this record confronts the court, and it is made to appear that the child cannot have the personal care and attention of the custodian or the bestowal of natural love and affection in a personal way, any preference right created by or incidental to the natural guardianship necessarily diminishes.
It appears to us that the trial judge, though perhaps not definitely defining in his own mind the legal status of a grandmother, did give it consideration, and that it was only after he reached the conclusion that her disease was incurable, or at least restoration of her health would be long deferred, that he concluded the welfare of the child demanded that it be placed for adoption.
What we haye said with reference to blood relationship is limited to the situation presented by the record before us, and we do not thereby mean or intend to convey the idea that the door is open to all next of kin of a child to assert legal rights to preferential custody or natural guardianship. Such questions are left open for consideration if or when they may arise.
The. question whether the child was “dependent” must be determined from RCW 13.04.010. As applicable to the child under consideration, it provides that a dependent child is one under the age of eighteen years
“ (5) Who has no parent or guardian; or
“(6) Who has no parent or guardian willing to exercise, or capable of exercising, proper parental control; or . . .
“(8) Whose home by reason of neglect, cruelty or the [723]*723depravity of its parents or either of them, or on the part of its guardian, or on the part of the person in whose custody or care it may be, or for any other reason, is an unfit place for such child; or . . . ”
When the court adjudicated that the conduct of the parents rendered them unfit to have custody of their child, it became dependent in so far as they were concerned. We need not decide whether the “guardian” mentioned in the statute includes a common-law natural guardian or that relator was entitled to notice of any proceedings affecting the child. The court acquired jurisdiction over the child when the proceeding was instituted. The relator appeared and submitted herself to the jurisdiction of the court.
If we concluded to decide this case upon the record returned by the trial court, a majority of the court would be inclined to affirm the judgment. However, in view of the claim made by the relator that the court did not regard her as having a preference right to custody of the child by virtue of her natural guardianship and her assertion that she will be able to submit to the court additional evidence bearing upon her improved physical condition and the probability of recovery within a reasonable time to such an extent as will make it safe for the child to live with her, we have concluded to remand the case for further consideration by the court. In the proceedings before this court, it has been made to appear that certain tubercular tests will be made in December of this year which may be of assistance in determining the condition of health of relator.
We shall not direct the nature or scope of the hearing, but leave the whole matter of trial procedure to the court. When the findings of fact are made and judgment based thereon is entered, they will be subject to the right to apply to this court for a writ of review.
Remanded for further proceedings. No costs in this court shall be taxed.
Mallery, Hill, Hamley, and Donworth, JJ., concur.