r ' ~ r SUPEHI UR OF U M 1 ( 9: 2
3 CLERK OFrUuR
4 IN THE SUPERIOR COURT OF GUAM
5 CRAIG A. MACAN ) Domestic Case No. DM0121-18 6 ) ) Plaintiff, ) 7 ) DECISION AND ORDER vs. ) 8 ) MARISSA C.R. TIGIL ) 9 ) ) Defendant. ) 10 _______________________________ ) 11 INTRODUCTION 12 This matter came before the Honorable Michael J. Bordallo on April 26, 2018 upon 13 Defendant's Motion to Dismiss. Attorney Daniel S. Somerfleck, Esq. represents Plaintiff Craig A. Macon and Attorney Gary Wayne Francis Gumataotao, Esq. represents Defendant Marissa 14 C.R. Tigil. 15 BACKGROUND 16 This matter arises out of Plaintiff's February 26, 2018 Complaint for Child Custody 17 and Support. On March 19, 2018, Defendant filed a Motion to Dismiss, arguing that Plaintiff 18 has failed to state a claim as a matter of Guam law. Mot. at 1. 19 FACTS 20 1. The parties were never married and as a result of their relationship have one ( 1) minor 21 child, a daughter named A.J.T.M. (DOB 09115/2015). 22 2. Plaintiff is listed as the father on the minor child's birth certificate.
23 3. The minor child has lived on Guam since her birth. 4. The minor child is currently in the physical custody of Defendant. 24 5. On February 26, 2018, Plaintiff filed a Complaint for Child Custody and Support, in 25 which he requested joint legal and joint physical custody of the minor child, with the 26 parties alternating physical custody on a weekly basis. Page 1 of 4 1 ISSUES
2 1. Whether the parties' minor child is legitimate or illegitimate. 3 PRINCIPLES OF LAW 4 Legitimacy of a child under Guam law. 5 Guam law provides that custody of an illegitimate child is to be granted solely to the 6 child's mother.
7 19 GCA § 4109. Custody; Illegitimate Child. The mother of an illegitimate unmarried minor is entitled to its custody, services, 8 and earnings.
9 If a child is legitimate, however, Guam law provides that both parents are equally
10 entitled to custody. § 4106. Custody. 11 The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or 12 unable or refuse to take the custody or has abandoned his or her family, the other 13 is entitled to its custody, services and earnings.
14 Guam law further provides several avenues by which a minor child may be deemed legitimate. 15 19 GCA § 4124. Legitimation of Children. 16 (a) A child is considered legitimate for all purposes if: ( 1) The parents of the child were married at the conception of the child or at 17 anytime after the conception of the child, and before the child's eighteenth birthday; or 18 (2) The child is legitimate on the effective date of this Act; or 19 (3) The child is legitimate under the laws of the place of his birth; or (4) If the parents have jointly executed an affidavit before the eighteenth birthday 20 of the child, affirming that the signatories are the natural, biological parents of the child, affirming the paternity of the child, indicating the birthrate of the child, and 21 affirming their desire to legitimate the child. Any such affidavit shall be conclusive as to the legitimacy of the child. The Director of Public Health may 22 make appropriate changes as to parentage, name, and other matters on the child's birth certificate based on such affidavit. 23
24 Motion to Dismiss for failure to state a claim upon which relief can be granted. 25 Rule 12 of the Guam Rules of Civil Procedure allows a responding party to move for 26 the dismissal of a cause of action for failure to state a claim upon which relief can be granted. Page 2 of 4 1 Guam R. Civ. P. 12(b)(6). In ruling on such a motion, the "court's consideration is limited to
2 the complaint, written instruments attached to the complaint as exhibits, statements or documents incorporated in the complaint by reference, and documents on which the complaint 3 heavily relies." Core Tech Intern. Cold. v. Hamil Engineering & Const. Co., Ltd., 2010 Guam 4 13 Cj[ 29 (citing Mercado Arocho v. U.S., 455 F.Supp.2d 15, 19 (D.P.R. 2006)). 5 A dismissal based on Rule 12(b)(6) is not proper unless "it appears beyond doubt that 6 the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." First Hawaiian Bank v. Manley, 2007 Guam 2 Cj[ 9 (citing Conley v. Gibson, 355 U.S. 41, 45-46 7 (1957)). Under this standard, the Court must "take as true the material facts as alleged," 8 "construe the pleading in the light most favorable to the non-moving party, and resolve all 9 doubts in the non-moving party's favor." ld. (citing Hospital Bldg. Co. v. Trustees of Rex 10 Hospital, 425 U.S. 738, 740 (1976) and Clegg v. Cult Awareness Network, et al., 18 F.3d 752,
11 754-55 (9th Cir. 1994)). Further, the Court is "not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts 12 alleged." ld. 13 ANALYSIS 14 Legitimacy of the minor child. 15 If the minor child is deemed legitimate, Plaintiff is equally entitled to custody under 19 16 GCA § 4109. Plaintiff argues that the minor child is legitimate under 19 GCA § 4124(a)(4), 17 which states that a minor is legitimate if "the parents have jointly executed an affidavit before 18 the eighteenth birthday of the child, affirming that the signatories are the natural, biological
19 parents of the child, affirming the paternity of the child, indicating the birthrate of the child, and affirming their desire to legitimate the child." Plaintiff contends that the child's birth 20 certificate, which lists Plaintiff as the father, satisfies the requirements of Section 4124(a)(4). 21 Additionally, Plaintiff filed a Declaration along with his Opposition to the Motion to 22 Dismiss in which he states the following: "At the time of our daughter's birth or shortly
23 thereafter, I believe we executed and [sic] Affidavit that we were the parents." Defendant argues that the birth certificate does not constitute a jointly executed affidavit affirming the 24 paternity of the child. 25 Defendant is correct in his argument that the birth certificate itself does not meet the 26 requirement of an affidavit pursuant to Section 4124, as that section requires the parties to be Page 3 of 4 1 "signatories" to the affidavit. The birth certificate does not include the signatures of either
2 parent. However, the Court notes the existence of a form titled "Declaration of Paternity" which is available on the website of the Office of the Attorney General of Guam. This form 3 states the following: 4 This document, when completed properly, legally establishes the father and child 5 relationship when the father is not married to the child's mother. It allows the father's name to be on the child's birth certificate. It creates certain legal rights 6 and responsibilities for the mother, father, and child. (Emphasis added).
7 The second page of the form provides for the signatures of both father and mother. Plaintiff has
8 not provided the Court with a copy of this form completed by the parties, but the language of the form suggests that Plaintiffs name would not have been included on the birth certificate 9 unless the Department of Public Health & Social Services was in possession of a completed 10 version of this form at the time the certificate was issued. 11 Motion to Dismiss for failure to state a claim upon which relief can be granted. 12 Defendant argues that the minor child is illegitimate under Guam law and that she, as 13 the mother of the minor, is entitled to full custody under 19 GCA § 4109.
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r ' ~ r SUPEHI UR OF U M 1 ( 9: 2
3 CLERK OFrUuR
4 IN THE SUPERIOR COURT OF GUAM
5 CRAIG A. MACAN ) Domestic Case No. DM0121-18 6 ) ) Plaintiff, ) 7 ) DECISION AND ORDER vs. ) 8 ) MARISSA C.R. TIGIL ) 9 ) ) Defendant. ) 10 _______________________________ ) 11 INTRODUCTION 12 This matter came before the Honorable Michael J. Bordallo on April 26, 2018 upon 13 Defendant's Motion to Dismiss. Attorney Daniel S. Somerfleck, Esq. represents Plaintiff Craig A. Macon and Attorney Gary Wayne Francis Gumataotao, Esq. represents Defendant Marissa 14 C.R. Tigil. 15 BACKGROUND 16 This matter arises out of Plaintiff's February 26, 2018 Complaint for Child Custody 17 and Support. On March 19, 2018, Defendant filed a Motion to Dismiss, arguing that Plaintiff 18 has failed to state a claim as a matter of Guam law. Mot. at 1. 19 FACTS 20 1. The parties were never married and as a result of their relationship have one ( 1) minor 21 child, a daughter named A.J.T.M. (DOB 09115/2015). 22 2. Plaintiff is listed as the father on the minor child's birth certificate.
23 3. The minor child has lived on Guam since her birth. 4. The minor child is currently in the physical custody of Defendant. 24 5. On February 26, 2018, Plaintiff filed a Complaint for Child Custody and Support, in 25 which he requested joint legal and joint physical custody of the minor child, with the 26 parties alternating physical custody on a weekly basis. Page 1 of 4 1 ISSUES
2 1. Whether the parties' minor child is legitimate or illegitimate. 3 PRINCIPLES OF LAW 4 Legitimacy of a child under Guam law. 5 Guam law provides that custody of an illegitimate child is to be granted solely to the 6 child's mother.
7 19 GCA § 4109. Custody; Illegitimate Child. The mother of an illegitimate unmarried minor is entitled to its custody, services, 8 and earnings.
9 If a child is legitimate, however, Guam law provides that both parents are equally
10 entitled to custody. § 4106. Custody. 11 The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or 12 unable or refuse to take the custody or has abandoned his or her family, the other 13 is entitled to its custody, services and earnings.
14 Guam law further provides several avenues by which a minor child may be deemed legitimate. 15 19 GCA § 4124. Legitimation of Children. 16 (a) A child is considered legitimate for all purposes if: ( 1) The parents of the child were married at the conception of the child or at 17 anytime after the conception of the child, and before the child's eighteenth birthday; or 18 (2) The child is legitimate on the effective date of this Act; or 19 (3) The child is legitimate under the laws of the place of his birth; or (4) If the parents have jointly executed an affidavit before the eighteenth birthday 20 of the child, affirming that the signatories are the natural, biological parents of the child, affirming the paternity of the child, indicating the birthrate of the child, and 21 affirming their desire to legitimate the child. Any such affidavit shall be conclusive as to the legitimacy of the child. The Director of Public Health may 22 make appropriate changes as to parentage, name, and other matters on the child's birth certificate based on such affidavit. 23
24 Motion to Dismiss for failure to state a claim upon which relief can be granted. 25 Rule 12 of the Guam Rules of Civil Procedure allows a responding party to move for 26 the dismissal of a cause of action for failure to state a claim upon which relief can be granted. Page 2 of 4 1 Guam R. Civ. P. 12(b)(6). In ruling on such a motion, the "court's consideration is limited to
2 the complaint, written instruments attached to the complaint as exhibits, statements or documents incorporated in the complaint by reference, and documents on which the complaint 3 heavily relies." Core Tech Intern. Cold. v. Hamil Engineering & Const. Co., Ltd., 2010 Guam 4 13 Cj[ 29 (citing Mercado Arocho v. U.S., 455 F.Supp.2d 15, 19 (D.P.R. 2006)). 5 A dismissal based on Rule 12(b)(6) is not proper unless "it appears beyond doubt that 6 the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." First Hawaiian Bank v. Manley, 2007 Guam 2 Cj[ 9 (citing Conley v. Gibson, 355 U.S. 41, 45-46 7 (1957)). Under this standard, the Court must "take as true the material facts as alleged," 8 "construe the pleading in the light most favorable to the non-moving party, and resolve all 9 doubts in the non-moving party's favor." ld. (citing Hospital Bldg. Co. v. Trustees of Rex 10 Hospital, 425 U.S. 738, 740 (1976) and Clegg v. Cult Awareness Network, et al., 18 F.3d 752,
11 754-55 (9th Cir. 1994)). Further, the Court is "not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts 12 alleged." ld. 13 ANALYSIS 14 Legitimacy of the minor child. 15 If the minor child is deemed legitimate, Plaintiff is equally entitled to custody under 19 16 GCA § 4109. Plaintiff argues that the minor child is legitimate under 19 GCA § 4124(a)(4), 17 which states that a minor is legitimate if "the parents have jointly executed an affidavit before 18 the eighteenth birthday of the child, affirming that the signatories are the natural, biological
19 parents of the child, affirming the paternity of the child, indicating the birthrate of the child, and affirming their desire to legitimate the child." Plaintiff contends that the child's birth 20 certificate, which lists Plaintiff as the father, satisfies the requirements of Section 4124(a)(4). 21 Additionally, Plaintiff filed a Declaration along with his Opposition to the Motion to 22 Dismiss in which he states the following: "At the time of our daughter's birth or shortly
23 thereafter, I believe we executed and [sic] Affidavit that we were the parents." Defendant argues that the birth certificate does not constitute a jointly executed affidavit affirming the 24 paternity of the child. 25 Defendant is correct in his argument that the birth certificate itself does not meet the 26 requirement of an affidavit pursuant to Section 4124, as that section requires the parties to be Page 3 of 4 1 "signatories" to the affidavit. The birth certificate does not include the signatures of either
2 parent. However, the Court notes the existence of a form titled "Declaration of Paternity" which is available on the website of the Office of the Attorney General of Guam. This form 3 states the following: 4 This document, when completed properly, legally establishes the father and child 5 relationship when the father is not married to the child's mother. It allows the father's name to be on the child's birth certificate. It creates certain legal rights 6 and responsibilities for the mother, father, and child. (Emphasis added).
7 The second page of the form provides for the signatures of both father and mother. Plaintiff has
8 not provided the Court with a copy of this form completed by the parties, but the language of the form suggests that Plaintiffs name would not have been included on the birth certificate 9 unless the Department of Public Health & Social Services was in possession of a completed 10 version of this form at the time the certificate was issued. 11 Motion to Dismiss for failure to state a claim upon which relief can be granted. 12 Defendant argues that the minor child is illegitimate under Guam law and that she, as 13 the mother of the minor, is entitled to full custody under 19 GCA § 4109. If the child is indeed 14 illegitimate, Plaintiff would lack any legal argument to infringe upon Defendant's statutory
15 right to custody of the minor child. Because, however, the Court finds that there are factual questions to be resolved before a determination can be made regarding the child's legitimacy, 16 this matter is not appropriate for dismissal. For the same reasons, the Court rejects Defendant's 17 argument for summary judgment at this time. 18 CONCLUSION AND ORDER
19 Based on the forgoing, Defendant's motion is DENIED.
21 SO ORDERED, this day of _ ___,,:d)--'v""--n_e_ ___ 2018. 22
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