Definitions

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  • In this chapter:
    • (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 age.

    • (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 obligation 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 domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under subchapter 3.

    • (5) “Commencement” means the filing of the first pleading in a proceeding.

    • (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 chapter.

    • (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 parent, who:

      • (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 a child.

    • (15) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

    • (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.


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