Title 19, Chapter 9, Section 41
In this article:
(1) "Abandoned" means left without provision for reasonable and
necessary care or supervision.
(2) "Child" means an individual who has not attained 18 years of
(3) "Child custody determination" means a judgment, decree, or
other order of a court providing for the legal custody, physical
custody, or visitation with respect to a child. The term includes
a permanent, temporary, initial, and modification order. The term
does not include an order relating to child support or other
monetary obligations of an individual.
(4) "Child custody proceeding" means a proceeding in which legal
custody, physical custody, or visitation with respect to a child
is an issue. The term includes a proceeding for divorce,
separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from family
violence, in which the issue may appear. The term does not
include a proceeding involving juvenile delinquency, contractual
emancipation, or enforcement under Part 3 of this article.
(5) "Commencement" means the filing of the first pleading in a
(6) "Court" means an entity authorized under the law of a state to
establish, enforce, or modify a child custody determination.
(7) "Home state" means the state in which a child lived with a
parent or a person acting as a parent for at least six consecutive
months immediately before the commencement of a child custody
proceeding. In the case of a child less than six months of age,
the term means the state 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.
(8) "Initial determination" means the first child custody
determination concerning a particular child.
(9) "Issuing court" means the court that makes a child custody
determination for which enforcement is sought under this article.
(10) "Issuing state" means the state in which a child custody
determination is made.
(11) "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a
previous determination concerning the same child, whether or not
it is made by the court that made the previous determination.
(12) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, government; governmental subdivision,
agency, or instrumentality; public corporation; or any other legal
or commercial entity.
(13) "Person acting as a parent" means a person, other than a
(A) Has physical custody of the child or has had physical
custody for a period of six consecutive months, including any
temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(B) Has been awarded legal custody by a court or claims a right
to legal custody under the law of this state.
(14) "Physical custody" means the physical care and supervision of
(15) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
(16) "Tribe" means an Indian tribe or band or Alaskan Native
village which is recognized by federal law or formally
acknowledged by a state.
(17) "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.