2006 Code of Virginia § 20-146.1 - Definitions

20-146.1. Definitions.

In this act:

"Child" means an individual who has not attained eighteen years of age.

"Child custody determination" means a judgment, decree, or other order of acourt providing for the legal custody, physical custody, or visitation withrespect to a child. The term includes a permanent, temporary, initial, ormodification order. The term does not include an order relating to childsupport or other monetary obligation of an individual.

"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 Article 3 ( 20-146.22 et seq.) of this chapter.

"Commencement" means the filing of the first pleading in a proceeding.

"Court" means a court of competent jurisdiction as determined by otherwiseapplicable Virginia law to establish, enforce, or modify a child custodydetermination or an entity authorized under the law of another state toestablish, enforce or modify a child custody determination.

"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 childlived from birth with any of the persons mentioned. A period of temporaryabsence of any of the mentioned persons is part of the period.

"Initial determination" means the first child custody determinationconcerning a particular child.

"Issuing court" means the court that makes a child custody determinationfor which enforcement is sought under this act.

"Issuing state" means the state in which a child custody determination ismade.

"Modification" means a child custody determination that changes, replaces,supersedes, or is otherwise made after a previous determination concerningthe same child, whether or not it is made by the court that made the previousdetermination.

"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.

"Person acting as a parent" means a person, other than a parent, who has(i) physical custody of the child or has had physical custody for a period ofsix consecutive months, including any temporary absence, within one yearimmediately before the commencement of a child custody proceeding and (ii)been awarded legal custody by a court or claims a right to legal custodyunder the laws of this Commonwealth.

"Physical custody" means the physical care and supervision of a child.

"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.

"Tribe" means an Indian tribe or band, or Alaskan Native village, which isrecognized by federal law or formally acknowledged by a state.

(1979, c. 229, 20-125; 2001, c. 305.)


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