Custody

Which parent is considered (presumed) to have custody of your child may depend on the circumstances of the child’s birth. A child is considered “legitimate” if the child was born during a marriage or within 10 months after the marriage ended.¹ If a child is born outside of those circumstances, the child is considered “illegitimate.” The parents of a “legitimate child” have equal rights to the custody of that child, whether the parents are living together or separately.² For an “illegitimate child,” the mother is considered (presumed) to have custody if there is no order in place.³

¹ 19 Guam Code §§ 4101; 4102
² 19 Guam Code §§ 4106; 4107
³ 19 Guam Code § 4109