/* 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.