Definitions. — Guam Code § 39102

§ 39102. Definitions.

As used in this Act:

(a) ‘Abandoned’ means left without provision for reasonable and

necessary care or supervision.

(b) ‘Child’ means an individual who has not attained eighteen (18)

years of age.

(c) ‘Child-custody determination’ means a judgment, decree, or

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other order of a court providing for the legal custody, physical custody,

or visitation with respect to a child. The term includes a permanent,

temporary, initial, and modification order. The term does not include an

order relating to child support or other monetary obligation of an

individual.

(d) ‘Child-custody proceeding’ means a proceeding in which legal

custody, physical custody, or visitation with respect to a child is an

issue. The term includes a proceeding for divorce, separation, neglect,

abuse, dependency, guardianship, paternity, termination of parental

rights, and protection from domestic violence, in which the issue may

appear. The term does not include a proceeding involving juvenile

delinquency, contractual emancipation, or enforcement under Article 3.

(e) ‘Commencement’ means the filing of the first pleading in a

proceeding.

(f) ‘Court’ means an entity authorized under the law of a State or

Territory to establish, enforce, or modify a child-custody determination.

(g) ‘Home State’ means the State or Territory in which a child

lived with a parent or a person acting as a parent for at least six (6)

consecutive months immediately before the commencement of a child-

custody proceeding. In the case of a child less than six (6) months of

age, the term means the State or Territory in which the child lived from

birth with any of the persons mentioned. A period of temporary absence

of any of the mentioned persons is part of the period.

(h) ‘Initial determination’ means the first child-custody

determination concerning a particular child.

(i) ‘Issuing court’ means the court that makes a child-custody

determination for which enforcement is sought under this Act.

(j) ‘Issuing State’ means the State or Territory in which a child-

custody determination is made.

(k) ‘Modification’ means a child-custody determination that

changes, replaces, supersedes, or is otherwise made after a previous

determination concerning the same child, whether or not it is made by

the court that made the previous determination.

(l) ‘Person’ means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association, joint

venture, government; governmental subdivision, agency, or

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instrumentality; public corporation; or any other legal or commercial

entity.

(m) ‘Person acting as a parent’ means a person, other than a

parent, who:

(1 has physical custody of the child or has had physical

custody for a period of six (6) consecutive months, including any

temporary absence, within one (1) year immediately before the

commencement of a child-custody proceeding; and

(2) has been awarded legal custody by a court or claims a

right to legal custody under the laws of Guam.

(n) ‘physical custody’ means the physical care and supervision of a

child.

(o) ‘State’ means a State of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands, Guam or any

territory or insular possession subject to the jurisdiction of the United

States.

(p) ‘Warrant’ means an order issued by a court authorizing law

enforcement officers to take physical custody of a child.

2013 NOTE: Numbers and/or letters were altered to adhere to the Compiler’s alpha-

numeric scheme in accordance to 1 GCA § 1606.