DP Tool Club 17/CD_ASCQ_17_101194.iso/vrac/eagle20.zip/FORMS.EXE/CUSTODY.LGF

Text File | 1993-02-22 | 6KB | 127 lines

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.