2020 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
Title 1 - General Provisions
75-A - Definitions.

Universal Citation: NY Dom Rel L § 75-A (2020)
§ 75-a. Definitions. In this article:
  1.  "Abandoned"  means  left  without  provision  for  reasonable  and
necessary care or supervision.
  2. "Child" means an individual who has not attained eighteen years  of
age.
  3.  "Child  custody  determination" means a judgment, decree, or other
order of a court providing for the legal custody, physical  custody,  or
visitation  with  respect  to  a  child.  The term includes a permanent,
temporary, initial, and modification order. The term does not include an
order relating to child support  or  other  monetary  obligation  of  an
individual.
  4.  "Child  custody  proceeding"  means  a  proceeding  in which legal
custody, physical custody, or visitation with respect to a child  is  an
issue.  The term includes a proceeding for divorce, separation, neglect,
abuse, dependency,  guardianship,  paternity,  termination  of  parental
rights,  and  protection  from domestic violence, in which the issue may
appear. The term  does  not  include  a  proceeding  involving  juvenile
delinquency, person in need of supervision, contractual emancipation, or
enforcement under title three of this article.
  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, or modify a child custody determination.
  7.  "Home  state" means the state in which a child lived with a parent
or a person acting as a parent  for  at  least  six  consecutive  months
immediately  before  the  commencement of a child custody proceeding. In
the case of a child less than six months of  age,  the  term  means  the
state  in  which  the  child  lived  from  birth with any of the persons
mentioned. A period of temporary absence of any of the mentioned persons
is part of the period.
  8. "Initial determination" means the first child custody determination
concerning a particular child.
  9. "Issuing  court"  means  the  court  that  makes  a  child  custody
determination for which enforcement is sought under this article.
  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" means an individual, corporation, business trust, estate,
trust,   partnership,  limited  liability  company,  association,  joint
venture,    government,    governmental    subdivision,    agency     or
instrumentality,  public  corporation  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 six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and

(b) has been awarded legal custody by a court or claims a right to legal custody under the law 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, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. 16. "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state. 17. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. 18. "Law enforcement officer" means a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.

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