19 Guam Code Ann. § 5119
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Terms Used In 19 Guam Code Ann. § 5119
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
) Whenever in the course of the proceeding instituted under
§ 5107 of this Chapter, it shall appear to the court that the parents or the surviving parent of a child, or the mother of the child born
out of wedlock, had abandoned such child for one (1) year or more or had substantially and continuously or repeatedly or being
financially able, have neglected to give such child parental care and protection; or that such parent or parents are unfit by reason of their conduct or condition which is seriously detrimental to the
said child, the court shall have jurisdiction to transfer the permanent care, control and custody of such child to some other
person, agency or institution, and may terminate all rights of such parent or parents with reference to such child, and also may appoint a guardian for the person of such child. Such transfer or
termination shall be made only after hearing before the court, and the court shall cause notice of the time, place and purpose of such
hearing to be served on such parent or parents personally at least ten (10) days prior to the date of hearing; or if the court is satisfied that personal service cannot be effected, then such notice may be
given by publication thereof in a newspaper of general circulation in Guam once a week for three (3) weeks prior to the date of the hearing.
(b) If a child is abandoned or neglected by one (1) parent, the rights of only such parent with reference to such child may be terminated as provided in Paragraph (a) above without affecting the rights of the other parent.
(c) Upon the application of the parents or the surviving parent of a child or the mother of a child born out of wedlock, the court may order the transfer of the permanent care, control and custody of such child, and if it appears wise, the termination of all rights of a parent with reference to such child, provided that the court after a hearing finds such transfer or termination to be in the best interest of the child.
(d) Every order of the court transferring the permanent care, control and custody of a child, or terminating the rights of the parents or a parent with reference to a child, shall be in writing and shall recite the jurisdictional facts. Every such order shall be conclusive and binding on all persons and in all proceedings after date of entry thereof.
(e) If, in the case of a child born out of wedlock, the father is known, the court shall give the father the same notice as required to be given to the mother by this Section and shall afford the father the opportunity to be heard with respect to his relationship with the child. The court may award custody to the father if it appears that the father had a continuing relationship with the child sufficient to warrant granting permanent custody to him and that the father is willing and able to undertake the permanent care of the child.
SOURCE: CCP § 268 as amended and enacted by P.L. 17-012:2 as 19
GCA § 5119.
§ 5107 of this Chapter, it shall appear to the court that the parents or the surviving parent of a child, or the mother of the child born
out of wedlock, had abandoned such child for one (1) year or more or had substantially and continuously or repeatedly or being
financially able, have neglected to give such child parental care and protection; or that such parent or parents are unfit by reason of their conduct or condition which is seriously detrimental to the
said child, the court shall have jurisdiction to transfer the permanent care, control and custody of such child to some other
person, agency or institution, and may terminate all rights of such parent or parents with reference to such child, and also may appoint a guardian for the person of such child. Such transfer or
termination shall be made only after hearing before the court, and the court shall cause notice of the time, place and purpose of such
hearing to be served on such parent or parents personally at least ten (10) days prior to the date of hearing; or if the court is satisfied that personal service cannot be effected, then such notice may be
given by publication thereof in a newspaper of general circulation in Guam once a week for three (3) weeks prior to the date of the hearing.
(b) If a child is abandoned or neglected by one (1) parent, the rights of only such parent with reference to such child may be terminated as provided in Paragraph (a) above without affecting the rights of the other parent.
(c) Upon the application of the parents or the surviving parent of a child or the mother of a child born out of wedlock, the court may order the transfer of the permanent care, control and custody of such child, and if it appears wise, the termination of all rights of a parent with reference to such child, provided that the court after a hearing finds such transfer or termination to be in the best interest of the child.
(d) Every order of the court transferring the permanent care, control and custody of a child, or terminating the rights of the parents or a parent with reference to a child, shall be in writing and shall recite the jurisdictional facts. Every such order shall be conclusive and binding on all persons and in all proceedings after date of entry thereof.
(e) If, in the case of a child born out of wedlock, the father is known, the court shall give the father the same notice as required to be given to the mother by this Section and shall afford the father the opportunity to be heard with respect to his relationship with the child. The court may award custody to the father if it appears that the father had a continuing relationship with the child sufficient to warrant granting permanent custody to him and that the father is willing and able to undertake the permanent care of the child.
SOURCE: CCP § 268 as amended and enacted by P.L. 17-012:2 as 19
GCA § 5119.
COMMENT: A new Subsection (e) has been added to this Section in view of the Supreme Court ruling in the case of Caban v. Mohammed, 441 U.S.
, 60 L.Ed.2d 297, S.Ct. 1760, 47 U.S.L.W. 4462 (April 24,
1979). That case held that a father, although unmarried, had a right to object to his child’s adoption by third parties. Since the custody awarded in this Section is just as permanent as an adoption, similar rights of the
unwed father appear to be required here. In addition, such a policy is consistent with recent legislation in the Guam Legislature. (P.L. 15-63:3).