Title 7 — Judiciary and Civil Procedure

Sections 39A102 through 39A503, inclusive, of this Act shall be known and may be cited as the “Uniform Deployed Parents Custody and Visitation Act (UDPCVA).”

(a) Adult means an individual who has attained eighteen (18) years of age or an emancipated minor. (b) Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation…

In addition to other remedies under law of Guam other than this Act, if a court finds that a party to a proceeding under this Act has acted in bad faith or intentionally failed to comply with this Act or a court order issued under this Act, the court may assess reasonable attorne…

(a) A court may issue an order regarding custodial responsibility under this Act only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. (b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article…

(a) Except as otherwise provided in Subsection (d) and subject to Subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment no later than seven (7) days after receiving notice of deployment unless reasonably prevented from doing so by th…

(a) Except as otherwise provided in Subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to Articles 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of t…

Military Service. In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the …

(a) The parents of a child may enter into a temporary agreement under this Article granting custodial responsibility during deployment. (b) An agreement under Subsection (a) must be: (1) in writing; and (2) signed by both parents and any nonparent to whom custodial responsibility…

(a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under § 39A203. The agreement does not create an inde…

(a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this Article. (b) If an agreement is modified under Subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by …

A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this Act, or if a court order currently in ef…

An agreement or power of attorney under this Article must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power. The case number a…

In this Article, close and substantial relationship means a relationship in which a significant bond exists between a child and a nonparent.

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522. A court may not…

If a motion to grant custodial responsibility is filed under § 39A302 (b) before a deploying parent deploys, the court shall conduct an expedited hearing.

In a proceeding under this Article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply: (a) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of…

Parent. (a) On motion of a deploying parent and in accordance with law of this state other than this Act, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child h…

On motion of a deploying parent, and in accordance with law of this state other than this Act unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of the child or an …

(a) A grant of authority under this Article is temporary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to ca…

(a) An order granting custodial responsibility under this Article must: (1) designate the order as temporary; and (2) identify to the extent feasible the destination, duration, and conditions of the deployment. (b) If applicable, an order for custodial responsibility under this A…

If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed under Article 2, the court may enter a temporary order for child support consistent with law of this state other than this Act if the c…

to Nonparent. (a) Except for an order under § 39A305, except as otherwise provided in Subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking aut…

Responsibility Established by Agreement. (a) At any time after return from deployment, a temporary agreement granting custodial responsibility under Article 2 may be terminated by an agreement to terminate signed by the deploying parent and the other parent. (b) A temporary agree…

Custodial Responsibility Established by Court Order. At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial responsibility issued under Article 3. Af…

Custodial Responsibility. After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under Article 2 or 3 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact wi…

Custodial Responsibility Established by Court Order. (a) If an agreement between the parties to terminate a temporary order for custodial responsibility under Article 3 has not been filed, the order terminates sixty (60) days after the deploying parent gives notice to the other p…

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…

This Act does not affect the validity of a temporary court order concerning custodial responsibility during deployment which was entered before. ----------