§ 75-A — Definitions

New York § 75-A

• Jurisdiction: New York
• Law DOM: Domestic Relations
• Title 1: General Provisions
• Art. 5-A: Uniform Child Custody Jurisdiction and Enforcement Act

Text

§ 75-a. Definitions. In this article:\n 1. "Abandoned" means left without provision for reasonable and\nnecessary care or supervision.\n 2. "Child" means an individual who has not attained eighteen years of\nage.\n 3. "Child custody determination" means a judgment, decree, or other\norder of a court providing for the legal custody, physical custody, or\nvisitation with respect to a child. The term includes a permanent,\ntemporary, initial, and modification order. The term does not include an\norder relating to child support or other monetary obligation of an\nindividual.\n 4. "Child custody proceeding" means a proceeding in which legal\ncustody, physical custody, or visitation with respect to a child is an\nissue. The term includes a proceeding for divorce, separation, neglect,\nabuse, dependency, guardianship, paternity, termination of parental\nrights, and protection from domestic violence, in which the issue may\nappear. The term does not include a proceeding involving juvenile\ndelinquency, person in need of supervision, contractual emancipation, or\nenforcement under title three of this article.\n 5. "Commencement" means the filing of the first pleading in a\nproceeding.\n 6. "Court" means an entity authorized under the law of a state to\nestablish, enforce, or modify a child custody determination.\n 7. "Home state" means the state in which a child lived with a parent\nor a person acting as a parent for at least six consecutive months\nimmediately before the commencement of a child custody proceeding. In\nthe case of a child less than six months of age, the term means the\nstate in which the child lived from birth with any of the persons\nmentioned. A period of temporary absence of any of the mentioned persons\nis part of the period.\n 8. "Initial determination" means the first child custody determination\nconcerning a particular child.\n 9. "Issuing court" means the court that makes a child custody\ndetermination for which enforcement is sought under this article.\n 10. "Issuing state" means the state in which a child custody\ndetermination is made.\n 11. "Modification" means a child custody determination that changes,\nreplaces, supersedes, or is otherwise made after a previous\ndetermination concerning the same child, whether or not it is made by\nthe court that made the previous determination.\n 12. "Person" means an individual, corporation, business trust, estate,\ntrust, partnership, limited liability company, association, joint\nventure, government, governmental subdivision, agency or\ninstrumentality, public corporation or any other legal or commercial\nentity.\n 13. "Person acting as a parent" means a person, other than a parent,\nwho:\n (a) has physical custody of the child or has had physical custody for\na period of six consecutive months, including any temporary absence,\nwithin one year immediately before the commencement of a child custody\nproceeding; and\n (b) has been awarded legal custody by a court or claims a right to\nlegal custody under the law of this state.\n 14. "Physical custody" means the physical care and supervision of a\nchild.\n 15. "State" means a state of the United States, the District of\nColumbia, Puerto Rico, the United States Virgin Islands, or any\nterritory or insular possession subject to the jurisdiction of the\nUnited States.\n 16. "Tribe" means an Indian tribe or band, or Alaskan Native village,\nwhich is recognized by federal law or formally acknowledged by a state.\n 17. "Warrant" means an order issued by a court authorizing law\nenforcement officers to take physical custody of a child.\n 18. "Law enforcement officer" means a police officer as defined in\nsubdivision thirty-four of section 1.20 of the criminal procedure law.\n