Custody

A custody order can be changed (modified) whenever the best interests of the child require it.¹ A petition to modify would generally not be filed right away after the judge issues the custody order. You normally have to prove that there has been a change of circumstances since the original order was ­issued for the judge to consider modification.² A few examples of a change of circumstances could be if the other parent gets sent to jail, gets charged with child abuse or neglect, or moves to another state. If you can prove that the other parent or someone else with visitation/custody of the child has committed family violence since the order was issued, that would also be considered a change of circumstances.²

In addition, there could be a couple of options that are filed immediately after the judge makes the custody order:

• A motion for reconsideration asks the judge to decide differently based on the law or new evidence.
• An appeal moves the case to a higher court and asks that court to review the lower court’s decision due a judge’s error.

¹ 19 Guam Code § 8404(1)(f)
² 19 Guam Code § 8404(1)(k)