Unregulated Custody Transfers of Adopted Children - Guam

Date: August 2022

Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Code §§ 39A201; 39A.202

The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment. The agreement must be in writing and signed by both parents and any nonparent to whom custodial responsibility is granted. An agreement, if feasible, must address the following:

  • Identify the destination, duration, and conditions of the deployment
  • Specify the allocation of caregiving authority among the deploying parent, the other parent, and any nonparent
  • Specify any decision-making authority that accompanies a grant of caregiving authority
  • Specify any grant of limited contact to a nonparent
  • If custodial responsibility is shared by the other parent and a nonparent, provide a process to resolve any dispute that may arise
  • Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact
  • Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available

  • Acknowledge that any party's child-support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court

    Provide that the agreement will terminate after the parent returns from deployment

  • If the agreement must be filed with the court, specify which parent is required to file the agreement

An agreement is temporary and terminates after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under § 39A203. The agreement does not create an independent, continuing right to caregiving authority, decision-making authority, or limited contact in a person to whom custodial responsibility is given.

Exceptions

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

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