19-9-41. Definitions.

In this article:

“Abandoned” means left without provision for reasonable and necessary care or supervision.#

“Child” means an individual who has not attained 18 years of age.#

“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 obligations of an individual.#

“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 family violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3 of this article.#

“Commencement” means the filing of the first pleading in a proceeding.#

“Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.#

“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.#

“Initial determination” means the first child custody determination concerning a particular child.#

“Issuing court” means the court that makes a child custody determination for which enforcement is sought under this article.#

“Issuing state” means the state in which a child custody determination is made.#

“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.#

“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.#

“Person acting as a parent” means a person, other than a parent, who:#

1. (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#

2. (B)

   Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.#

“Physical custody” means the physical care and supervision of a child.#

“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.#

“Tribe” means an Indian tribe or band or Alaskan Native village which is recognized by federal law or formally acknowledged by a state.#

“Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.#