American Samoa

Best interests, Divorce grounds, Parental relocation in one jurisdiction reference.

Best interests

No enumeration framework; factor structure: n/a.

Authority

A.S.C.A. § 42.0210; Tapeni v. Tapeni, 6 A.S.R.3d 81 (High Ct. App. Div. 2002)

Source framework

No enumeration

Factor structure

n/a

Operative language

may

Catch-all language

n/a

Presumptions in the original survey

Fit parent rebuttably preferred over a third party (Tapeni)

Child's voice / age rule

none

Sources (2)
Research date: August 16, 2026

Divorce grounds

Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.

Authority

Am. Samoa Code Ann. §§42.0202, .0204–.0208, reproduced by the American Samoa Bar Association. P.L.24-11 added irreconcilable differences in 1996. The Secretary’s official index lists approval on June 7, 1996; the official scan includes Governor letters dated March 20, 1996 stating that S.B.24-30 was signed into law that day. The act’s printed approval block is blank; the discrepancy and precise effective date remain unresolved.

Grounds without a misconduct showing

Irreconcilable differences, added in 1996 by Public Law 24-11, or voluntary continuous separation for five years. Older annotations saying irreconcilable differences is unavailable predate the amendment.

Other grounds and proof conditions

4: adultery, habitual cruelty or ill usage, desertion for six months or more, sentence to imprisonment for ten years or more or for life

Separation

"voluntary continuous separation for a period of 5 years or more," § 42.0202(5)

Timing

No fixed filing-to-decree minimum appears in §§ 42.0204–42.0208. Section 42.0206 requires proof and specifies defenses and exceptions, so availability of the ground is not a promise of automatic judgment.

Relief without dissolution

Yes, "a decree of judicial separation" on the same grounds, §§ 42.0202, 42.0204, 42.0208

Sources (4)
Research date: September 8, 2026

Parental relocation

No relocation-specific rule was found. General custody decisions apply best interests. The code text is from a bar-association reproduction.

Authority

None found (A.S.C.A. 42.0210 general)

Court test

no relocation-specific rule found

Burden classification

no allocation found

Notice classification

no

Trigger classification

no relocation-specific trigger identified

Effect of silence

No deemed-consent procedure identified in § 42.0210 or the named custody decisions

What the court weighs

General custody standard only, not relocation: Tapeni v. Tapeni, 6 Am. Samoa 3d 81, 84-86 (App. Div. 2002): best interest of the child is the cornerstone. Between natural parents no presumption arises. Fit parents hold a rebuttable presumption against third parties. Tapeni says §42.0210 may be broadly interpreted as supporting a best-interest test (children there were living off-island in Hawaii with relatives, but relocation was not the issue). L.F. v. D.F. (2005) applies Tapeni. Cox v. Paslov, 5 Am. Samoa 3d 150 (Trial Div. July 17, 2001), quotes an older Trial Division tender-years statement (Stevens v. Stevens, 21 A.S.R.2d 76 (1992)). The Tapeni opinion states that natural parents start on equal footing; it does not discuss Stevens or expressly resolve the older tender-years statement. No relocation-specific rule identified.

Who carries the burden

None found.

Notice and safety exceptions

None found.

Which moves trigger the rule

None found.

Objections and the effect of silence

None found.

The modification threshold

None found on relocation. Cox v. Paslov (child present in American Samoa, Montana decree) modified a foreign decree on an emergency and best-interest basis. UCCJEA/PKPA jurisdiction is out of scope. The court there said American Samoa lacked a UCCJA statute.

Other qualifications

None stated.

Important qualification

No relocation-specific rule was found. General custody decisions apply best interests. The code text is from a bar-association reproduction.

Burden summary

No allocation found

Notice summary

No separate relocation notice rule found; consent or court permission may still be required

Trigger summary

No relocation-specific trigger identified

Sources (5)
Research date: September 29, 2026

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