Guam § 9108 - General Rules.

§ 9108. General Rules.

In awarding the custody of a minor, or in appointing a general

guardian, the court or officer is to be guided by the following

considerations:

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(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.