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CHILD CUSTODY

For all questions about Guam Divorces, custody or support, ask for attorney Ron Moroni. 1-866-472-1540.

Few issues in divorce have as much emotional impact as the subject of child custody. "Child custody" refers to a collection of responsibilities and rights that parents have regarding their children’s general welfare, authority, religion, education and health care. 

Child custody is an extremely difficult area for divorcing parents to face. Parents naturally want to protect the best interests of their children. Guam  law encourages joint custody arrangements, which gives both parents the right and responsibility to make decisions regarding the children’s future. However, in every custody case, the best interest of the child comes first.

We are experienced in handling the sensitive issues surrounding child custody.  Our goal is to obtain the optimal benefits for you and your family.

We work regularly with clients who live in other states or abroad but have legal needs in Guam . We understand that attending to legal matters long distance can be frustrating and time consuming. We work with our clients to accommodate time differences and minimize the number of times (if any) that they would be required to travel to Guam for their case.

If you are separated, or considering divorce, or have a child custody case in Guam, you need a divorce or child custody lawyer to make sure your rights and the rights and interests of your children are protected. Even if you don't contact us, we strongly urge you to consult another child custody or divorce lawyer to ensure the protection of those rights.

If you would like to know more, feel free to browse our web site, or contact us through the phone numbers and e-mail links at the side.

To see Guam's Supreme Court's Decisions on Child Custody, click here. 

To see Guam's statute stating the factors the court should consider in awarding custody, click here.

To see Guam's version of the Uniform Child Custody, Jurisdiction and Enforcement  Act, click here.

CHILD CUSTODY - FAQs

What factors do courts take into account when deciding who gets custody of the children?

Are courts more likely to award custody to mothers than to fathers?

Does custody always go to just one parent?

Is mediation is the best approach to solving disagreements about child custody?

Can I move my kids out of Guam and then get a divorce?

If I’m going to leave my marriage and file for divorce, should I leave the kids with my spouse until I’m settled elsewhere? 

My husband and I are separated, and he moved to another state. He has our child for a short visit, and has filed for divorce and custody in his state. What do I do? 

My spouse and I are separated, and she/he moved to Guam with our child without my permission. She/he has now filed for divorce and custody in Guam. What do I do?

Can a child have input into a custody decision?

Are visitation rights contingent on the payment of child support?

What factors do courts take into account when deciding who gets custody of the children?

By statute, the court is required to take the following factors into account in awarding custody:

(h) It is legislative policy that children spend as much time with each of their parents as possible, when the parents are not living together. Therefore, in determining visitation of minor children on Guam with non-custodial parents living on Guam, the court shall, to the greatest degree possible, order visitation for minor children  with non-custodial parents such that the children spend more or less equal amounts of time with the custodial parent and the non-custodial parent during non-working, non-sleeping, non-school time, subject to the following:

            (1) The proposed visitation is not found by the court, on evidence presented, to be injurious to the welfare of the child;

            (2) The non-custodial parent is willing to accept such visitation;

            (3) The non-custodial parent is not found by the Court to be an unfit person to have such visitation;

            (4) The visitation is not found by the Court to interfere with the child's schooling;

            (5) Unless the Court finds that it is not in the best interests of the child, non-custodial parents or the children's grandparents shall be given consideration in providing childcare for their minor children or grandchildren, when visitation orders are prepared;

            (6) In determining visitation rights under this sub-section (h), the court shall take into account the employment of each parent and the time the child spends in school or in extracurricular activities;

            ...(8) The court may also take into account the time a child spends with each parent and the expense incident thereto in awarding child support;

(i) It is legislative policy that children should not be exposed to family violence because, even when they are not themselves physically assaulted, they suffer deep and lasting emotional effects from exposure to family violence; and

Are courts more likely to award custody to mothers than to fathers?

No. The Guam court has rejected the tender years doctrine, and by law, the court may not give preference to one parent, based on Gender. In fact, by Guam statutes and by decisions of Guam's supreme court, joint custody is preferred.

As it turns out, many divorcing parents agree that the mother will have custody after a separation or divorce and that the father will exercise reasonable visitation. This sometimes happens because the parents agree that the mother has more time, a greater inclination, or a better understanding of the children's daily needs. But it can also be because fathers presume that mothers will be awarded custody or because the mother is more tenacious in seeking custody.

If you are a father and want to ask the court for physical custody, do not let gender stereotypes stop you. If both you and the mother work full-time, and the kids have after-school care, you may be on equal footing. In fact, if you have more flexible hours than the mother, you could have a leg up. In any event, the judge will look at what's best for the children. So if you think that you should have primary custody and that you can persuade the judge that it's in the kids' best interests, you should go ahead and ask for custody. If you present yourself as willing and able to parent, it will go a long way towards challenging any lingering prejudice against you as a father. 

Does custody always go to just one parent?

No. Guam judges  frequently award at least partial custody to both parents, called "joint custody."  In fact, joint custody is preferred under Guam law. Joint custody takes one of three forms:

• joint physical custody (children spend a substantial amount of time with each parent)
• joint legal custody (parents share decision-making on medical, educational, and religious questions involving the children), or
• both joint legal and joint physical custody.

Is mediation a good  approach to solving disagreements about child custody?

Mediation is a non-adversarial process where a neutral person (a mediator) meets with the parents  to help them reach an agreement about custody and visitation of their children.

There are several important reasons why mediation can be an excellent method  for resolving custody and visitation disputes.

• Mediation usually does not involve lawyers and the parent are able to speak for themselves, and make compromises in the interests of the children;

• Mediation usually produces a settlement after several  hours. Child custody litigation can drag on for months or even years.

• Mediation enhances communication between the couple and makes it much more likely that they will be able to cooperate after the divorce or separation when it comes to raising their children. Experts who have studied the effects of divorce on children universally conclude that when divorcing or separating parents can cooperate, the children suffer far less

Can I move my kids out of Guam and then get a divorce?

Maybe. Normally, unless there is a custody order issued by a court,  either parent can move and take the children with them. However, you probably won’t be able to file for divorce or seek custody  in the new state right away. In order to obtain a divorce in a state, you must satisfy the requirements for residency in that state. Even if the courts in the new state can grant the divorce, they may not be able to address custody until your children have lived there for a substantial time - usually six months. . And while you’re living in the new state waiting for the residency requirement to be met, your spouse can file in the state where you lived before, forcing you to travel there to defend yourself in the divorce proceeding.

The states recognized long ago that a parent might take the kids and move across the country in order to make things more difficult for the other parent. The laws are generally written to avoid that possibility. It’s best to consult with a local attorney before moving.

If I’m going to leave my marriage and file for divorce, should I leave the kids with my spouse until I’m settled elsewhere?

My spouse and I are separated, and she/he moved from Guam to another state. He took our child for a short visit, and has filed for divorce and custody in his state. What do I do?

My spouse and I are separated, and she/he moved to Guam with our child without my permission. She/he has now filed for divorce and custody in Guam. What do I do?

You should immediately contact us or another qualified family lawyer  to discuss your situation. If your spouse and child has been in Guam for less than six month, we can likely convince the Guam court to dismiss the case, or transfer the child custody issue to the state where the child had been living. However, if you wait too long, and your child becomes settled in the Guam, you may be required to have custody determined here.

Can a child have input into a custody decision?

Courts will sometimes listen to the wishes of older children, however the preference of the child is not binding on the court. Courts rarely take into account the wishes of very young children. 

Are visitation rights contingent on the payment of child support?

No. Visitation rights may not be denied to the non-custodial parent, even though the non-custodial parent is not paying child support.

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