38-1337. Definitions.
38-1337
38-1337. Definitions.(UCCJEA 102). As used in K.S.A. 38-1336 through 38-1377:
(1) "Abandoned" means left without provision for reasonable and necessarycare or supervision.
(2) "Act" means the uniform child-custody jurisdiction and enforcement act.
(3) "Child" means an individual who has not attained 18 years of age.
(4) "Child-custody determination" means a judgment, decree or other order ofa court providing for the legal custody, physical custody or visitation withrespect to a child. The term includes a permanent, temporary, initial andmodification order. The term does not include an order relating to childsupport or other monetary obligation of an individual.
(5) "Child-custody proceeding" means a proceeding in which legal custody,physical custody, or visitation with respect to a child is an issue. The termincludes a proceeding for divorce, separation, neglect, abuse, dependency,guardianship, paternity, termination of parental rights, and protection fromdomestic violence, in which the issue may appear. The term does not include aproceeding involving juvenile delinquency, contractual emancipation, orenforcement under K.S.A. 38-1358 through 38-1374 and amendments thereto.
(6) "Commencement" means the filing of the first pleading in a proceeding.
(7) "Court" means an entity authorized under the law of a state to establish,enforce, or modify a child-custody determination.
(8) "Home state" means the state in which a child lived with a parent or aperson acting as a parent for at least six consecutive months immediatelybefore the commencement of a child-custody proceeding. In the case of a childless than six months of age, the term means the state in which the child livedfrom birth with any of the persons mentioned. A period of temporary absence ofany of the mentioned persons is part of the period.
(9) "Initial determination" means the first child-custody determinationconcerning a particular child.
(10) "Issuing court" means the court that makes a child-custody determinationfor which enforcement is sought under this act.
(11) "Issuing state" means the state in which a child-custody determinationis made.
(12) "Modification" means a child-custody determination that changes,replaces, supersedes, or is otherwise made after a previous determinationconcerning the same child, whether or not it is made by the court thatmade the previous determination.
(13) "Person" means an individual, corporation, business trust, estate,trust, partnership, limited liability company, association, joint venture,government; governmental subdivision, agency, or instrumentality; publiccorporation; or any other legal or commercial entity.
(14) "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 six consecutive months, including any temporary absence,within oneyear immediately before the commencement of a child-custody proceeding; and
(B) has been awarded legal custody by a court or claims a right to legalcustody under the law of this state.
(15) "Physical custody" means the physical care and supervision of a child.
(16) "State" means a state of the United States, the District of Columbia,Puerto Rico, the United States Virgin Islands, or any territory or insularpossession subject to the jurisdiction of the United States.
(17) "Tribe" means an Indian tribe or band, or Alaskan Native village,which is recognized by federal law or formally acknowledged by a state.
(18) "Warrant" means an order issued by a court authorizing law enforcementofficers to take physical custody of a child.
History: L. 2000, ch. 171, § 32; July 1.