78B-13-102 - Definitions.
78B-13-102. Definitions.
As used in this chapter:
(1) "Abandoned" means left without provision for reasonable and necessary care orsupervision.
(2) "Child" means an individual under 18 years of age and not married.
(3) "Child custody determination" means a judgment, decree, or other order of a courtproviding for the legal custody, physical custody, or parent-time with respect to a child. Theterm includes a permanent, temporary, initial, and modification order. The term does not includean order relating to child support or other monetary obligation of an individual.
(4) "Child custody proceeding" means a proceeding in which legal custody, physicalcustody, or parent-time with respect to a child is an issue. The term includes a proceeding fordivorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parentalrights, and protection from domestic violence, in which the issue may appear. The term does notinclude a proceeding involving juvenile delinquency, contractual emancipation, or enforcementunder Part 3, Enforcement.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, ormodify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person actingas a parent for at least six consecutive months immediately before the commencement of a childcustody proceeding. In the case of a child less than six months of age, the term means the state inwhich the child lived from birth with any of the persons mentioned. A period of temporaryabsence of any of the mentioned persons is part of the period.
(8) "Initial determination" means the first child custody determination concerning aparticular child.
(9) "Issuing court" means the court that makes a child custody determination for whichenforcement is sought under this chapter.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces,supersedes, or is otherwise made after a previous determination concerning the same child,whether or not it is made by the court that made the previous determination.
(12) "Person" includes government, governmental subdivision, agency, orinstrumentality, or any other legal or commercial entity.
(13) "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 sixconsecutive months, including any temporary absence, within one year immediately before thecommencement of a child custody proceeding; and
(b) has been awarded legal custody by a court or claims a right to legal custody under thelaw of this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, theUnited States Virgin Islands, or any territory or insular possession subject to the jurisdiction ofthe United States.
(16) "Tribe" means an Indian tribe, or band, or Alaskan Native village which isrecognized by federal law or formally acknowledged by a state.
(17) "Writ of assistance" means an order issued by a court authorizing law enforcementofficers to take physical custody of a child.
Renumbered and Amended by Chapter 3, 2008 General Session