§ 15-14.1-27 - Registration of child custody determination.
SECTION 15-14.1-27
§ 15-14.1-27 Registration of child custodydetermination. – (a) A child custody determination issued by a court of another state may beregistered in this state, with or without a simultaneous request forenforcement, by sending to the appropriate court in this state:
(1) A letter or other document requesting registration;
(2) Two (2) copies, including one certified copy, of thedetermination sought to be registered, and a statement under penalty of perjurythat to the best of the knowledge and belief of the person seeking registrationthe order has not been modified; and
(3) Except as otherwise provided, the name and address of theperson seeking registration and any parent or person acting as a parent who hasbeen awarded custody or visitation in the child custody determination sought tobe registered.
(b) On receipt of the documents required by subsection (a) ofthis section, the registering court shall:
(1) Cause the determination to be filed as a foreignjudgment, together with one copy of any accompanying documents and information,regardless of their form; and
(2) Serve notice upon the persons named pursuant tosubdivision (a)(3) of this section and provide them with an opportunity tocontest the registration in accordance with this section.
(c) The notice required by subdivision (b)(2) of this sectionmust state that:
(1) A registered determination is enforceable as of the dateof the registration in the same manner as a determination issued by a court ofthis state;
(2) A hearing to contest the validity of the registereddetermination must be requested within twenty (20) days after service ofnotice; and
(3) Failure to contest the registration will result inconfirmation of the child custody determination and preclude further contest ofthat determination with respect to any matter that could have been asserted.
(d) A person seeking to contest the validity of a registeredorder must request a hearing within twenty (20) days after service of thenotice. At that hearing, the court shall confirm the registered order unlessthe person contesting registration establishes that:
(1) The issuing court did not have jurisdiction;
(2) The child custody determination sought to be registeredhas been vacated, stayed, or modified by a court having jurisdiction to do so;or
(3) The person contesting registration was entitled tonotice, but notice was not given in the proceedings before the court thatissued the order for which registration is sought.
(e) If a timely request for a hearing to contest the validityof the registration is not made, the registration is confirmed as a matter oflaw and the person requesting registration and all persons served must benotified of the confirmation.
(f) Confirmation of a registered order, whether by operationof law or after notice and hearing, precludes further contest of the order withrespect to any matter that could have been asserted at the time of registration.