/* Here is the full text of the Parental Kidnaping Prevention

Act, a federal law which provides in multi-state child custody

disputes which state decides custody.*/

28 United States Code 1738A---

Full faith and credit given to Child Custody Determinations

/* Under the U.S. Constitution, full faith and credit requires

that each State's courts recognize the decrees from other state's

courts. */

(a) The appropriate authorities of every State shall enforce

according to its terms, and shall not modify exception as

provided in subsection (f) of this section, any child custody

determination made consistently with the provisions of this

section by a court of another State.

(b) As used in this section, the term--

(1) "child" means a person under the age of eighteen;

(2) "contestant" means a person, including a parent, who

claims a right to custody or visitation of a child;

(3) "custody determination" means judgment, decree or other

order of a court providing for the custody or visitation of a

child, and includes a court providing for the custody or

visitation of a child, and includes permanent and temporary

orders, and initial orders and modifications;

(4) "home State" means the State in which, immediately

preceding the time involved, the child lived with his parents, a

parent, or a person acting as a parent, for at least six

consecutive months, and in the case of a child less than six

months old, the State in which the child lived from birth with

any of such persons. Periods of temporary absence of any such

persons are counted as part of the six-month or other period.

(5) "modification" and "modify" refer to a custody

determination which modifies, replaces, supersedes, or otherwise

is made subsequent to, a prior custody determination concerning

the same child, whether made in the same court or not;

(6) "person acting as a parent" means a person, other than a

parent, who has physical custody of a child and who has either

been awarded custody by a court or claims a right to custody;

(7) "physical custody" means actual possession and control of

a child; and

(8) "State" means a State of the United States, The District

of Columbia, the Commonwealth of Puerto Rico, or a territory or

possession of the United States.

(c) A child custody determination made by a court of a State

is consistent with the provisions of this section only if--

(1) such court has jurisdiction under the laws of such State;

and

(2) one of the following conditions is met:

(A) such State (i) is the home State of the child on the date

of the commencement of the proceeding, or (ii) had been the

child's home State within six months before the date of

commencement of the proceeding and the child is absent from such

State because of his removal or retention by a contestant or for

other reasons, and a contestant continues to live in such State;

/* The important part of this law is that the appropriate State

to make a determination of custody is the state where the child

has been for six months under subsection (A)(ii). */

(B)(i) it appears that no other State would have jurisdiction

under subparagraph (A) and (iii) it is in the best interests of

the child that a court of such State assume jurisdiction because

(I) the child and his parents, or the child and at least one

contestant, have significant connection with such Sate other than

mere physical presence in such State, and (II) there is available

in such Sate substantial evidence concerning the child's present

or future care, protection, training and relationships;

(C) the child is physically present in such State and (i) the

child has been abandoned, or (ii) it is necessary in an emergency

to protect the child because he has been subjected to or

threatened with mistreatment or abuse;

(D)(i) it appears that no other State would have jurisdiction

under subparagraph (A), (B), (C), or (E), or another State has

declined to exercise jurisdiction on the ground that the State

whose jurisdiction is in issue is the more appropriate forum to

determine the custody of the child, and (ii) it is in the best

interest of the child that such court assume jurisdiction; or

(E) the court has continuing jurisdiction pursuant to

subsection (d) of this section.

(d) Jurisdiction of a court of a State which has made a child

custody determination consistently with the provisions of this

section continues as long as the requirements of subsection

(c)(1) of this section continues to be met and such State remains

the residence of the child or of any contestant.

/* Above is a rule of continuing jurisdiction for the Court

making the first orders in regard to the custody. */

(e) Before a child custody determination is made, reasonable

notice and opportunity to be heard shall be given to the

contestants, any parent whose parental rights have not been

previously terminated and any person who has physical custody of

the child.

(f) A court of a State may modify a determination of the custody

of the same child made by a court of another State, if ---

(1) it has jurisdiction to make such a child custody

determination; and

(2) the court of the other State no longer has jurisdiction,

or it has declined to exercise such jurisdiction to modify such

determination.

(g) A court of a State shall not exercise jurisdiction in any

proceeding for a custody determination commenced during the

pendency of a proceeding in a court of another State where such

court of that other State is exercising jurisdiction consistently

with the provisions of this section to make a custody

determination.