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Legal Information: Guam

Custody

Updated: 
October 31, 2023

What is custody? What types of custody are there?

Custody is the legal responsibility for the care and control of your child under age 18. Legal custody is the right to make major decisions about your child, including decisions regarding education, medical care, and religion. Physical custody refers to the physical care and supervision of your child.

A custody order can include any combination of joint or sole custody depending on what the judge believes is in the child’s best interests.1 Shared legal and physical custody arrangements that are as close to 50/50 as possible are preferred under Guam law, but the best interests of the child are always the most important consideration.2

As part of a custody case, the judge will likely order visitation as well.3 A visitation order that gives equal time to the both parents is preferred even if only one parent is granted custody. Visitation can also be awarded to grandparents and any other person interested in the welfare of the child as long as this visitation is not against the best interests of the child.3

1 19 Guam Code § 8404(1)(a)
2 19 Guam Code § 8404(1)(h)
3 19 Guam Code § 8404(1)(g)