§1732. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
1.
Abandoned.
"Abandoned" means left without provision for reasonable and necessary care or supervision.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.
Child.
"Child" means an individual who has not attained 18 years of age.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
3.
Child custody determination.
"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.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
4.
Child custody proceeding.
"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 III.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
5.
Commencement.
"Commencement" means the filing of the first pleading in a proceeding.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
6.
Court.
"Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
7.
Home state.
"Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than 6 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.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
8.
Initial determination.
"Initial determination" means the first child custody determination concerning a particular child.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
9.
Issuing court.
"Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
10.
Issuing state.
"Issuing state" means the state in which a child custody determination is made.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
11.
Modification.
"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.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
12.
Person.
"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.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
13.
Person acting as a parent.
"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 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
B.
Has been awarded legal custody by a court or claims a right to legal custody under the law of this State.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
14.
Physical custody.
"Physical custody" means the physical care and supervision of a child.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
15.
State.
"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 United States.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
16.
Tribe.
"Tribe" means an Indian tribe or band or an Alaskan Native village recognized by federal law or formally acknowledged by a state.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
17.
Warrant.
"Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).