A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Guam Stipulation Regarding Joint Custody of Children is a legal provision that governs the terms and conditions of shared parenting for divorcing or separated couples in Guam. Joint custody refers to the arrangement where both parents are involved in making important decisions regarding their children's upbringing and welfare. This stipulation aims to ensure the best interests of the child are served, promoting stability, and providing equal opportunity for both parents to maintain a healthy relationship with their children. The Guam Stipulation Regarding Joint Custody of Children outlines various key aspects and considerations that need to be addressed, including child custody and visitation schedules, decision-making authority, communication between parents, relocation issues, and dispute resolution mechanisms. By providing clear guidelines, this stipulation allows parents to establish and maintain an effective co-parenting relationship, promoting the well-being and emotional development of their children. There are several types of joint custody arrangements that may be specified in Guam: 1. Joint Legal Custody: This type of joint custody grants both parents the authority to make decisions about their child's education, healthcare, religion, and other important matters. It ensures that both parents have equal rights and responsibilities in shaping their child's future. 2. Joint Physical Custody: With joint physical custody, the child spends significant time living with both parents, typically on a relatively equal basis. This arrangement allows the child to have regular and frequent contact with both parents, facilitating the development of strong bonds with each. 3. Hybrid Joint Custody: A hybrid joint custody arrangement combines elements of joint legal and physical custody. It allows both parents to share decision-making power and provides the child with substantial time with each parent. However, the exact details and specific schedules can vary based on the unique circumstances of the parents and children. It is important to note that the Guam Stipulation Regarding Joint Custody of Children encourages parents to reach an agreement on custody arrangements through mediation or negotiation, prioritizing the child's best interests. However, if the parents cannot agree, the stipulation provides a framework for the court to make a determination based on relevant factors, such as the child's preference, parental fitness, and the ability to maintain stability and continuity. Overall, the Guam Stipulation Regarding Joint Custody of Children aims to create a supportive framework for shared parenting, recognizing the importance of the involvement of both parents in their children's lives. It provides a roadmap for parents to navigate the complexities of joint custody and empowers them to foster a loving and nurturing environment for their children, despite the separation or divorce.
