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28 United States Code 1738A---
(a) The appropriate authorities of every State shall enforce
according to its terms, and shall not modify exception as provided in
subsection (f) of this section, any child custody determination made
consistently with the provisions of this section by a court of
another State.
(b) As used in this section, the term--
(1) "child" means a person under the age of eighteen;
(2) "contestant" means a person, including a parent, who claims a
right to custody or visitation of a child;
(3) "custody determination" means judgment, decree or other order
of a court providing for the custody or visitation of a child, and
includes a court providing for the custody or visitation of a child,
and includes permanent and temporary orders, and initial orders and
modifications;
(4) "home State" means the State in which, immediately preceding
the time involved, the child lived with his parents, a parent, or a
person acting as a parent, for at least six consecutive months, and
in the case of a child less than six months old, the State in which
the child lived from birth with any of such persons. Periods of
temporary absence of any such persons are counted as part of the six-
month or other period.
(5) "modification" and "modify" refer to a custody determination
which modifies, replaces, supersedes, or otherwise is made subsequent
to, a prior custody determination concerning the same child, whether
made in the same court or not;
(6) "person acting as a parent" means a person, other than a
parent, who has physical custody of a child and who has either been
awarded custody by a court or claims a right to custody;
(7) "physical custody" means actual possession and control of a
child; and
(8) "State" means a State of the United States, The District of
Columbia, the Commonwealth of Puerto Rico, or a territory or
possession of the United States.
(c) A child custody determination made by a court of a State is
consistent with the provisions of this section only if--
(1) such court has jurisdiction under the laws of such State; and
(2) one of the following conditions is met:
(A) such State (i) is the home State of the child on the date of the commencement of the proceeding, or (ii) had been the child's home State within six months before the date of commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State;
(B)(i) it appears that no other State would have jurisdiction under subparagraph (A) and (iii) it is in the best interests of the child that a court of such State assume jurisdiction because (I) the child and his parents, or the child and at least one contestant, have significant connection with such Sate other than mere physical presence in such State, and (II) there is available in such Sate substantial evidence concerning the child's present or future care, protection, training and relationships;
(C) the child is physically present in such State and (i) the child has been abandoned, or (ii) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse;
(D)(i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue is the more appropriate forum to determine the custody of the child, and (ii) it is in the best interest of the child that such court assume jurisdiction; or
(E) the court has continuing jurisdiction pursuant to subsection (d) of this section.
(d) Jurisdiction of a court of a State which has made a child custody determination consistently with the provisions of this section continues as long as the requirements of subsection (c)(1) of this section continues to be met and such State remains the residence of the child or of any contestant.
(e) Before a child custody determination is made, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated and any person who has physical custody of the child.
(f) A court of a State may modify a determination of the custody of
the same child made by a court of another State, if ---
(1) it has jurisdiction to make such a child custody
determination; and
(2) the court of the other State no longer has jurisdiction, or
it has declined to exercise such jurisdiction to modify such
determination.
(g) A court of a State shall not exercise jurisdiction in any proceeding for a custody determination commenced during the pendency of a proceeding in a court of another State where such court of that other State is exercising jurisdiction consistently with the provisions of this section to make a custody determination.
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