Guam § 39201 - Initial Child-Custody Jurisdiction.

§ 39201. Initial Child-Custody Jurisdiction.

(a) Except as otherwise provided in section 39204, the Superior Court

of Guam has jurisdiction to make an initial child-custody determination only

if:

(1) Guam is the home State of the child on the date of the

commencement of the proceeding, or was the home State of the child

within six (6) months before the commencement of the proceeding and

the child is absent from Guam but a parent or person acting as a parent

continues to live in Guam;

(2) a court of another State does not have jurisdiction under

paragraph (1), or a court of the home State of the child has declined to

exercise jurisdiction on the ground that Guam is the more appropriate

forum under section 39207 or 39208, and:

(A) the child and the child's parents, or the child and at least

one (1) parent or a person acting as a parent, have a significant

connection with Guam other than mere physical presence; and

(B) substantial evidence is available in Guam concerning the

child's care, protection, training, and personal relationships;

(3) all courts having jurisdiction under paragraph (1) or (2) have

declined to exercise jurisdiction on the ground that the Superior Court

of Guam is the more appropriate forum to determine the custody of the

child under section 39207 or 39208; or

(4) no court of any other State would have jurisdiction under the

criteria specified in paragraph (1), (2), or (3).

(b) Subsection (a) is the exclusive jurisdictional basis for making a

child-custody determination by the Superior Court of Guam.

(c) Physical presence of, or personal jurisdiction over, a party or a child

is not necessary or sufficient to make a child-custody determination.