RSA 458-A:1 · Definitions

458-A:1 Definitions. – In this chapter:

Copy link

I.

"Abandoned" means left without provision for reasonable and necessary care or supervision.

Copy link

II.

"Child" means an individual who has not attained 18 years of age.

Copy link

III.

"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 obligation of an individual.

Copy link

IV.

"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, dissolution of civil union as defined by RSA 457-A, neglect, abuse, dependency, guardianship, paternity, determination of parental rights and responsibilities, 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, children in need of services as defined by RSA 169-D, or contractual emancipation or enforcement under RSA 458-A:22 through RSA 458-A:38.

Copy link

V.

"Commencement" means the filing of the first pleading in a proceeding.

Copy link

VI.

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

Copy link

VII.

"Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 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.

Copy link

VIII.

"Initial determination" means the first child-custody determination concerning a particular child.

Copy link

IX.

"Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter.

Copy link

X.

"Issuing state" means the state in which a child-custody determination is made.

Copy link

XI.

"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.

Copy link

XII.

"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.

Copy link

XIII.

"Person acting as a parent" means a person, other than a parent, who:

Copy link

(a)

Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding; and

Copy link

(b)

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

Copy link

XIV.

"Physical custody" means the physical care and supervision of a child.

Copy link

XV.

"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.

Copy link

XVI.

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

Copy link

XVII.

"Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. Source. 2009, 191:1, eff. Dec. 1, 2010.

Copy link