(a)
The appropriate
authorities of every State shall enforce
according to its terms, and shall not modify
except as provided in subsections (f), (g), and
(h) of this section, any custody determination
or visitation determination made consistently
with the provisions of this section by a court
of another State.
(b)
As used in this section,
the term—
(1)
“child” means a person
under the age of eighteen;
(2)
“contestant” means a
person, including a parent or grandparent,
who claims a right to custody or visitation
of a child;
(3)
“custody
determination” means a judgment, decree, or
other order of a court providing for the
custody of a child, and includes permanent
and temporary orders, and initial orders and
modifications;
(4)
“home State” means the
State in which, immediately preceding the
time involved, the child lived with his
parents, a parent, or a person acting as
parent, for at least six consecutive months,
and in the case of a child less than six
months old, the State in which the child
lived from birth with any of such persons.
Periods of temporary absence of any of such
persons are counted as part of the six-month
or other period;
(5)
“modification” and
“modify” refer to a custody or visitation
determination which modifies, replaces,
supersedes, or otherwise is made subsequent
to, a prior custody or visitation
determination concerning the same child,
whether made by the same court or not;
(6)
“person acting as a
parent” means a person, other than a parent,
who has physical custody of a child and who
has either been awarded custody by a court
or claims a right to custody;
(7)
“physical custody”
means actual possession and control of a
child;
(8)
“State” means a State
of the United States, the District of
Columbia, the Commonwealth of Puerto Rico,
or a territory or possession of the United
States; and
(9)
“visitation
determination” means a judgment, decree, or
other order of a court providing for the
visitation of a child and includes permanent
and temporary orders and initial orders and
modifications.
(c)
A child custody or
visitation determination made by a court of a
State is consistent with the provisions of this
section only if—
(1)
such court has
jurisdiction under the law of such State;
and
(2)
one of the following
conditions is met:
(A)
such State
(i)
is the home
State of the child on the date of
the commencement of the proceeding,
or
(ii)
had been the
child’s home State within six months
before the date of the commencement
of the proceeding and the child is
absent from such State because of
his removal or retention by a
contestant or for other reasons, and
a contestant continues to live in
such State;
(B)
(i)
it appears
that no other State would have
jurisdiction under subparagraph (A),
and (ii) it is in the best interest
of the child that a court of such
State assume jurisdiction because
(I)
the child
and his parents, or the child
and at least one contestant,
have a significant connection
with such State other than mere
physical presence in such State,
and
(II)
there is
available in such State
substantial evidence concerning
the child’s present or future
care, protection, training, and
personal relationships;
(C)
the child is
physically present in such State and
(i)
the child has
been abandoned, or
(ii)
it is
necessary in an emergency to protect
the child because the child, a
sibling, or parent of the child has
been subjected to or threatened with
mistreatment or abuse;
(D)
(i)
it appears
that no other State would have
jurisdiction under subparagraph (A),
(B), (C), or (E), or another State
has declined to exercise
jurisdiction on the ground that the
State whose jurisdiction is in issue
is the more appropriate forum to
determine the custody or visitation
of the child, and
(ii)
it is in the
best interest of the child that such
court assume jurisdiction; or
(E)
the court has
continuing jurisdiction pursuant to
subsection (d) of this section.
(d)
The jurisdiction of a
court of a State which has made a child custody
or visitation determination consistently with
the provisions of this section continues as long
as the requirement of subsection (c)(1) of this
section continues to be met and such State
remains the residence of the child or of any
contestant.
(e)
Before a child custody or
visitation determination is made, reasonable
notice and opportunity to be heard shall be
given to the contestants, any parent whose
parental rights have not been previously
terminated and any person who has physical
custody of a child.
(f)
A court of a State may
modify a determination of the custody of the
same child made by a court of another State, if—
(1)
it has jurisdiction to
make such a child custody determination; and
(2)
the court of the other
State no longer has jurisdiction, or it has
declined to exercise such jurisdiction to
modify such determination.
(g)
A court of a State shall
not exercise jurisdiction in any proceeding for
a custody or visitation determination commenced
during the pendency of a proceeding in a court
of another State where such court of that other
State is exercising jurisdiction consistently
with the provisions of this section to make a
custody or visitation determination.
(h)
A court of a State may not
modify a visitation determination made by a
court of another State unless the court of the
other State no longer has jurisdiction to modify
such determination or has declined to exercise
jurisdiction to modify such determination.
Pale Horse Publishing, POB 1255, Livingston, TX 77351-0022