Custody

It is public policy in Guam that children should not be exposed to family violence, even if your child is not physically harmed during any incidents of abuse, because of the lasting emotional effects this exposure can have.¹ A parent who has committed family violence can only be awarded custody or visitation if the judge finds that enough protection can be provided for the child as well as for the parent who is the victim.² The judge can also order an abuser to attend and complete a program for perpetrators of family violence or other counseling as a condition for visitation with your child.³

When considering any case where the judge determines that family violence has occurred, the judge must consider the safety and well-being of the child and any parent/guardian who is the victim as the primary concern. The judge must also take into account the abuser’s history of causing or attempting to cause bodily injury to another family or household member, or placing any family or household member in fear of bodily injury.⁴

Note: After you already have a final order of custody, if you bring a court case to modify your child’s custody or visitation order, it is considered a change of circumstances if the judge makes a finding that family violence has occurred since the time the original order was issued.⁵

¹ 19 Guam Code § 8404(1)(i)
² 19 Guam Code § 8404(1)(j)
³ 19 Guam Code § 8404(1)(l)(3)
⁴ 19 Guam Code § 8404(1)(o)
⁵ 19 Guam Code § 8404(1)(k)