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Legal Information: Guam

Custody

Updated: 
October 31, 2023

Who can file for custody?

Either parent may bring a custody action, either within a divorce action or separately from it.1 If someone files for custody or visitation, the court is required to consider child support as well.2

It is possible for a non-parent to sue for the custody or guardianship of a child. If you are in a custody dispute over your child with someone who is not the other parent, this is the order of preference under the law for who should be granted custody if all other factors are equal:

  1. a parent;
  2. someone who was the chosen guardian for the child according to the wishes of a deceased parent;
  3. someone who is already in position as a trustee of a fund that is providing support to the child; and then
  4. a non-parent relative.3

1 19 Guam Code §§ 4108; 8404
2 19 Guam Code § 4104
3 19 Guam Code § 9108(c)

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