Original decree state is Hawaii. Custodial parent moved to Guam. Noncustodial parent then moved to California. So now, none of the parties lives in Hawaii. Noncustodial parent now asking California a modification because of losing his job. California states that they can't modify because the children lives in Guam and that Guam has to do it. However, Noncustodial parent receive a letter from Guam stating that they can't modify also and that noncustodial parent would have to do it in California where he lives. It will be one year in March 2011 since asking for modification.. What can he do?

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Originally Posted by StressedCali

Original decree state is Hawaii. Custodial parent moved to Guam. Noncustodial parent then moved to California. So now, none of the parties lives in Hawaii. Noncustodial parent now asking California a modification because of losing his job. California states that they can't modify because the children lives in Guam and that Guam has to do it. However, Noncustodial parent receive a letter from Guam stating that they can't modify also and that noncustodial parent would have to do it in California where he lives. It will be one year in March 2011 since asking for modification..What can he do?

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According to the Uniform Child Custody Jurisdiction And Enforcement Act,Guam has the jurisdiction over the case.


(7) ‘Home State’ means the State or Territory in which a child
Lived with a parent or a person acting as a parent for at least six (6)
Consecutive months immediately before the commencement of a childcustody
Proceeding. In the case of a child less than six (6) months of
Age, the term means the State or Territory in which the child lived from
Birth with any of the persons mentioned. A period of temporary
Absence of any of the mentioned persons is part of the period.

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Originally Posted by GV70

According to the Uniform Child Custody Jurisdiction And Enforcement Act,Guam has the jurisdiction over the case.

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Except that we don't know how long the child had been in Guam at the time the modification proceeding was commenced.

Did the Guam court officially decline jurisdiction? I don't see that non-custodial parent has filed a proceeding in Guam, so it is uncertain how the custodial parent got "a letter from Guam stating that they can't modify also".

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Originally Posted by AK lawyer

Except that we don't know how long the child had been in Guam at the time the modification proceeding was commenced.

Did the Guam court officially decline jurisdiction? I don't see that non-custodial parent has filed a proceeding in Guam, so it is uncertain how the custodial parent got "a letter from Guam stating that they can't modify also".

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Originally Posted by StressedCali

Noncustodial parent now asking California a modification ... It will be one year in March 2011 since asking for modification..What can he do?

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In my view Guam has jurisdiction now.