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New York Domestic Relations Law Section 75-a - Definitions.Legal Research Home > New York Lawyer > Domestic Relations > New York Domestic Relations Law Section 75-a - Definitions.
§ 75-a. Definitions. In this article:
1. "Abandoned" means left without provision for reasonable and
necessary care or supervision.
2. "Child" means an individual who has not attained eighteen years of
age.
3. "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.
4. "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 domestic violence, in which the issue may
appear. The term does not include a proceeding involving juvenile
delinquency, person in need of supervision, contractual emancipation, or
enforcement under title three of this article.
5. "Commencement" means the filing of the first pleading in a
proceeding.
6. "Court" means an entity authorized under the law of a state to
establish, enforce, or modify a child custody determination.
7. "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.
8. "Initial determination" means the first child custody determination
concerning a particular child.
9. "Issuing court" means the court that makes a child custody
determination for which enforcement is sought under this article.
10. "Issuing state" means the state in which a child custody
determination is made.
11. "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.
12. "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.
13. "Person acting as a parent" means a person, other than a parent,
who:
(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
(b) has been awarded legal custody by a court or claims a right to
legal custody under the law of this state.
14. "Physical custody" means the physical care and supervision of a
child.
15. "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.
16. "Tribe" means an Indian tribe or band, or Alaskan Native village,
which is recognized by federal law or formally acknowledged by a state.
17. "Warrant" means an order issued by a court authorizing law
enforcement officers to take physical custody of a child.
18. "Law enforcement officer" means a police officer as defined in
subdivision thirty-four of section 1.20 of the criminal procedure law.
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Last modified: July 31, 2006 |