§ 76-C — Temporary emergency jurisdiction

§ 76-c. Temporary emergency jurisdiction. 1. A court of this state has\ntemporary emergency jurisdiction if the child is present in this state\nand the child has been abandoned or it is necessary in an emergency to\nprotect the child, a sibling or parent of the child.\n 2. If there is no previous child custody determination that is\nentitled to be enforced under this article and a child custody\nproceeding has not been commenced in a court of a state having\njurisdiction under sections seventy-six through seventy-six-b of this\ntitle, a child custody determination made under this section remains in\neffect until an order is obtained from a court of a state having\njurisdiction under sections seventy-six through seventy-six-b of this\ntitle. Where the child who is the subject of a child custody\ndetermination under this section is in imminent risk of harm, any order\nissued under this section shall remain in effect until a court of a\nstate having jurisdiction under sections seventy-six through\nseventy-six-b of this title has taken steps to assure the protection of\nthe child. If a child custody proceeding has not been or is not\ncommenced in a court of a state having jurisdiction under sections\nseventy-six through seventy-six-b of this title, a child custody\ndetermination made under this section becomes a final determination, if\nit so provides and this state becomes the home state of the child.\n 3. If there is a previous child custody determination that is entitled\nto be enforced under this article, or a child custody proceeding has\nbeen commenced in a court of a state having jurisdiction under sections\nseventy-six through seventy-six-b of this title, any order issued by a\ncourt of this state under this section must specify in the order a\nperiod that the court considers adequate to allow the person seeking an\norder to obtain an order from the state having jurisdiction under\nsections seventy-six through seventy-six-b of this title. The order\nissued in this state remains in effect until an order is obtained from\nthe other state within the period specified or the period expires,\nprovided, however, that where the child who is the subject of a child\ncustody determination under this section is in imminent risk of harm,\nany order issued under this section shall remain in effect until a court\nof a state having jurisdiction under sections seventy-six through\nseventy-six-b of this title has taken steps to assure the protection of\nthe child.\n 4. A court of this state which has been asked to make a child custody\ndetermination under this section, upon being informed that a child\ncustody proceeding has been commenced in, or a child custody\ndetermination has been made by, a court of a state having jurisdiction\nunder sections seventy-six through seventy-six-b of this title, shall\nimmediately communicate with the other court. A court of this state\nwhich is exercising jurisdiction pursuant to sections seventy-six\nthrough seventy-six-b of this title, upon being informed that a child\ncustody proceeding has been commenced in, or a child custody\ndetermination has been made by, a court of another state under a statute\nsimilar to this section shall immediately communicate with the court of\nthat state to resolve the emergency, protect the safety of the parties\nand the child, and determine a period for the duration of the temporary\norder.\n