19 Guam Code Ann. § 4305
Terms Used In 19 Guam Code Ann. § 4305
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) Where the child’s parent is a minor, notice shall also be given to said minor’s parents or guardian of the person unless the court is satisfied that such notice is not in the best interest of said minor and that it would serve no useful purpose.
(c) Notice shall be given by personal service. However, where reasonable efforts to effect personal service have been unsuccessful or where it shall appear impracticable to attempt such service the court shall order service by registered or certified mail to the last known address of the person to be notified and by publication once a week for three (3) successive weeks in a newspaper of general circulation on Guam. The hearing shall take place no sooner than ten (10) days after service of notice, or where service is by registered or certified mail and publication, the
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19 Guam Code Ann. PERSONAL RELATIONS
CH. 4 PARENT AND CHILD
hearing shall take place no sooner than ten (10) days after the date of last publication.
(d) Notice and appearance may be waived by a parent in writing before the court or in the presence of, and witnessed by, a clerk of court or social worker attached to and designated by the court, provided that such parent has been apprised by the court or by such person of the meaning and consequences of the termina- tion action. The parent who has executed such a waiver shall not be required to appear. Where the parent is a minor, the waiver shall be effective only upon approval by the court.
(e) If the mother of the child files a petition under § 4303(b)(5) with an affidavit representing that the identity or whereabouts of the child’s father is unknown to her, or not
ascertainable by her, or that other good cause exists why notice
cannot or should not be given to the father, the court shall conduct a hearing to determine whether notice is required. If the court finds that good cause exists why notice cannot or should not be given to the child’s father, and that the father is neither the legal nor adjudicated nor presumed father of the child, nor has he demonstrated a reasonable degree of interest, concern, or responsibility as to the existence or welfare of the child, then such notice may not be required.
SOURCE: CC § 231.5 enacted by P.L. 13-133:2 (Feb. 3, 1976). Subsection (e) added by P.L.35-091:3 (June 26, 2020).