19 Guam Code Ann. § 9108
Terms Used In 19 Guam Code Ann. § 9108
- 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.
- Trustee: A person or institution holding and administering property in trust.
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19 Guam Code Ann. PERSONAL RELATIONS
CH. 9 GUARDIAN AND WARD
(a) By what appears to be for the best interest of the child in respect to its temporal and its mental and moral welfare; and if the child is of sufficient age to form an intelligent preference, the court may consider that preference in determining the question.
(b) As between parents adversely claiming the custody or guardianship, neither parent is entitled to it as of right; but other things being equal, if the child is of tender years, it should be given to the mother; if it is of an age to require education and preparation for labor and business, then to the father.
(c) Of two persons equally entitled to the custody in other respects, preference is to be given as follows:
(1) To a parent;
(2) To one who was indicated by the wishes of the deceased parent;
(3) To one who already stands in the position of a trustee of a fund to be applied to the child’s support;
(4) To a relative.
(d) Any parent who knowingly or willfully abandons, or having the ability so to do, fails to maintain his minor child under the age of fourteen (14) years, forfeits the guardianship of such child.
SOURCE: CC ‘246.