2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5402 - Definitions.

     § 5402.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Abandoned."  Left without provision for reasonable and
     necessary care or supervision.
        "Child."  An individual who has not attained 18 years of age.
        "Child custody determination."  A judgment, decree or other
     order of a court providing for 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.
        "Child custody proceeding."  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, contractual
     emancipation or enforcement under Subchapter C (relating to
     enforcement).
        "Commencement."  The filing of the first pleading in a
     proceeding.
        "Court."  An entity authorized under the law of a state to
     establish, enforce or modify a child custody determination.
        "Home state."  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 six months of age or younger,
     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.
        "Initial determination."  The first child custody
     determination concerning a particular child.
        "Issuing court."  The court that makes a child custody
     determination for which enforcement is sought under this
     chapter.
        "Modification."  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.
        "Person."  An individual, corporation, business trust,
     estate, trust, partnership, limited liability company,
     association, joint venture, government or governmental
     subdivision, agency or instrumentality, public corporation or
     any other legal or commercial entity.
        "Person acting as a parent."  A person, other than a parent,
     who:
            (1)  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
            (2)  has been awarded legal custody by a court or claims
        a right to legal custody under the laws of this Commonwealth.
        "Physical custody."  The physical care and supervision of a
     child.
        "State."  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.
        "Tribe."  A Native American tribe or band, or Alaskan Native
     village, which is recognized by Federal law or formally
     acknowledged by a state.
        "Warrant."  An order issued by a court authorizing law
     enforcement officers to take physical custody of a child.

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