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Legal Information: Guam

Custody

Updated: 
October 31, 2023

How will a judge make a decision about custody?

When deciding who will have custody, the judge will try to make an arrangement that is in the best interests of your child while considering the child’s mental and moral welfare.1 If your child is old enough to clearly explain his/her preference, the judge may take that into account as well.1 Between the parents, the law in Guam prefers that a mother be granted custody of a young child while a father be granted custody of an older child, but this preference would always be secondary to the best interests of the particular child and the situations of the parents involved in the custody dispute.2

In addition, the judge has the option to refer the parties with a custody/visitation case to mediation.3

1 19 Guam Code § 9108(a)
2 19 Guam Code § 9108(b)
3 19 Guam Code § 8404(2)