Guam § 4305 - Notice.

§ 4305. Notice.

(a) After a petition has been filed, the court shall set the time

and place for a hearing, and shall cause notice thereof to be given

to the petitioner, the parents of the child, the guardian of the

person of the child, the person having legal custody of the child,

any individual standing in loco parentis to the child, and the

guardian ad litem of any party.

(b) Where the child’s parent is a minor, notice shall also be

given to said minor’s parents or guardian of the person unless the

court is satisfied that such notice is not in the best interest of said

minor and that it would serve no useful purpose.

(c) Notice shall be given by personal service. However,

where reasonable efforts to effect personal service have been

unsuccessful or where it shall appear impracticable to attempt

such service the court shall order service by registered or certified

mail to the last known address of the person to be notified and by

publication once a week for three (3) successive weeks in a

newspaper of general circulation on Guam. The hearing shall take

place no sooner than ten (10) days after service of notice, or where

service is by registered or certified mail and publication, the

hearing shall take place no sooner than ten (10) days after the date

of last publication.

(d) Notice and appearance may be waived by a parent in

writing before the court or in the presence of, and witnessed by, a

clerk of court or social worker attached to and designated by the

court, provided that such parent has been apprised by the court or

by such person of the meaning and consequences of the termina-

tion action. The parent who has executed such a waiver shall not

be required to appear. Where the parent is a minor, the waiver

shall be effective only upon approval by the court.

(e) If the mother of the child files a petition under §

4303(b)(5) with an affidavit representing that the identity or

whereabouts of the child’s father is unknown to her, or not

ascertainable by her, or that other good cause exists why notice

cannot or should not be given to the father, the court shall conduct

a hearing to determine whether notice is required. If the court finds

that good cause exists why notice cannot or should not be given

to the child’s father, and that the father is neither the legal nor

adjudicated nor presumed father of the child, nor has he

demonstrated a reasonable degree of interest, concern, or

responsibility as to the existence or welfare of the child, then such

notice may not be required.