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30-3B-204
Section 30-3B-204 Temporary emergency jurisdiction. (a) A court of this state has temporary
emergency jurisdiction if the child is present in this state and the child has been abandoned
or it is necessary in an emergency to protect the child because the child, or a sibling or
parent of the child, is subjected to or threatened with mistreatment or abuse. (b) If there
is no previous child custody determination that is entitled to be enforced under this chapter
and a child custody proceeding has not been commenced in a court of a state having jurisdiction
under Sections 30-3B-201 through 30-3B-203, a child custody determination made under this
section remains in effect until an order is obtained from a court of a state having jurisdiction
under Sections 30-3B-201 through 30-3B-203. If a child custody proceeding has not been or
is not commenced in a court of a state having jurisdiction under Sections 30-3B-201 through
30-3B-203, a child custody determination made under this section becomes...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
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. A proceeding in a court
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 court...
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30-3B-201
Section 30-3B-201 Initial child custody jurisdiction. (a) Except as otherwise provided in Section
30-3B-204, a court of this state has jurisdiction to make an initial child custody determination
only if: (1) This state is the home state of the child on the date of the commencement of
the proceeding, or was the home state of the child within six months before the commencement
of the proceeding and the child is absent from this state but a parent or person acting as
a parent continues to live in this state; (2) A court of another state does not have jurisdiction
under subdivision (1), or a court of the home state of the child has declined to exercise
jurisdiction on the ground that this state is the more appropriate forum under Section 30-3B-207
or 30-3B-208, and: a. The child and the child's parents, or the child and at least one parent
or a person acting as a parent, have a significant connection with this state other than mere
physical presence; and b. Substantial evidence is...
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30-3B-207
Section 30-3B-207 Inconvenient forum. (a) A court of this state which has jurisdiction under
this chapter to make a child custody determination may decline to exercise its jurisdiction
at any time if it determines that it is an inconvenient forum under the circumstances and
that a court of another state is a more appropriate forum. The issue of inconvenient forum
may be raised upon the motion of a party, the court's own motion, or request of another court.
(b) Before determining whether it is an inconvenient forum, a court of this state shall consider
whether it is appropriate for a court of another state to exercise jurisdiction. For this
purpose, the court shall allow the parties to submit information and shall consider all relevant
factors, including: (1) Whether domestic violence has occurred and is likely to continue in
the future and which state could best protect the parties and the child; (2) The length of
time the child has resided outside this state; (3) The distance between...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition under
this article must be verified. Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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30-3B-206
Section 30-3B-206 Simultaneous proceedings. (a) Except as otherwise provided in Section 30-3B-204,
a court of this state may not exercise its jurisdiction under this article if, at the time
of the commencement of the proceeding, a proceeding concerning the custody of the child has
been commenced in a court of another state having jurisdiction substantially in conformity
with this chapter, unless the proceeding has been terminated or is stayed by the court of
the other state because a court of this state is a more convenient forum under Section 30-3B-207.
(b) Except as otherwise provided in Section 30-3B-204, a court of this state, before hearing
a child custody proceeding, shall examine the court documents and other information supplied
by the parties pursuant to Section 30-3B-209. If the court determines that a child custody
proceeding has been commenced in a court in another state having jurisdiction substantially
in accordance with this chapter, the court of this state shall stay...
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30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided in
subsection (e), in a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to
the child's present address or whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the party: (1) Has
participated, as a party or witness or in any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so, identify the court, the case number,
and the date of the child custody determination, if any; (2) Knows of any proceeding that
could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency order
pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical
custody of the child, the court shall order that the petitioner may take immediate physical
custody of the child unless the respondent establishes that: (1) The child custody determination
has not been registered and confirmed under Section 30-3B-305 and that: a. The issuing court
did not have jurisdiction under Article 2; b. The child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under Article 2; or c. The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 30-3B-108, in the proceedings before the
court that issued the order for which enforcement is sought; or (2) The child custody determination
for which enforcement is sought was registered and...
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30-3C-6
Section 30-3C-6 Contents of petition. A petition under this chapter must be verified and include
a copy of any existing child-custody determination, if available. If a child-custody determination
is not available, the petition must state the petitioner's right to make a petition, as described
under subsection (b) of Section 30-3C-4, and provide the basis for that right to make a petition
under this chapter. The petition also must specify the risk factors for abduction, including
the relevant factors described in Section 30-3C-7. Subject to the protections provided by
subsection (e) of Section 30-3B-209 of the Uniform Child Custody Jurisdiction and Enforcement
Act, if reasonably ascertainable, the petition must contain: (1) the name, date of birth,
and gender of the child; (2) the usual places of abode and current physical location of the
child; (3) the identity, usual places of abode, and current physical location of the petitioner
and respondent, and an explanation of the relationship...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. 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. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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