LD 432
pg. 29
Page 28 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 30 of 63
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LR 316
Item 1

 
Uniform Comment

 
This section complements Section 202 [Me. cite section 1746]
and is addressed to the court that is confronted with a
proceeding to modify a custody determination of another State.
It prohibits a court from modifying a custody determination made
consistently with this Act by a court in another State unless a
court of that State determines that it no longer has exclusive,
continuing jurisdiction under Section 202 [Me. cite section 1746]
or that this State would be a more convenient forum under Section
207 [Me. cite section 1751]. The modification State is not
authorized to determine that the original decree State has lost
its jurisdiction. The only exception is when the child, the
child's parents, and any person acting as a parent do not
presently reside in the other State. In other words, a court of
the modification State can determine that all parties have moved
away from the original State. The court of the modification
State must have jurisdiction under the standards of Section 201
[Me. cite section 1745].

 
§1748.__Temporary emergency jurisdiction

 
1.__Abandoned child; emergency.__A court of this State has
temporary emergency jurisdiction if the child is present in this
State and the child has been abandoned or it is necessary in an
emergency to protect the child because the child or a sibling or
parent of the child is subjected to or threatened with
mistreatment or abuse.

 
2.__No previous determination and no pending proceeding.__If
there is no previous child custody determination that is entitled
to be enforced under this chapter and a child custody proceeding
has not been commenced in a court of a state having jurisdiction
under sections 1745 to 1747, a child custody determination made
under this section remains in effect until an order is obtained
from a court of a state having jurisdiction under sections 1745
to 1747.__If a child custody proceeding has not been or is not
commenced in a court of a state having jurisdiction under
sections 1745 to 1747, a child custody determination made under
this section becomes a final determination, if it so provides,
and this State becomes the home state of the child.

 
3.__Previous determination or pending proceeding.__If there is
a previous child custody determination that is entitled to be
enforced under this chapter or a child custody proceeding has
been commenced in a court of a State having jurisdiction under
sections 1745 to 1747, any order issued by a court of this State
under this section must specify in the order a period that the
court
considers adequate to allow the person seeking an order to


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