Section 452.705

Title XXX DOMESTIC RELATIONS

Chapter 452

Effective - 28 Aug 2009   

  452.705.  Definitions. — As used in sections 452.700 to 452.930:

  (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, or modification order.  The term shall 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 shall not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under sections 452.850 to 452.915;

  (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)  "Decree" or "custody decree" means a custody determination contained in a judicial decree or order made in a custody proceeding, and includes an initial decree and a modification decree;

  (8)  "Home state" means the state in which a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to 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 has lived from birth with any of the persons mentioned.  A period of temporary absence of any of the mentioned persons is part of such period;

  (9)  "Initial determination" means the first child custody determination concerning a particular child;

  (10)  "Issuing court" means the court making a child custody determination for which enforcement is sought under sections 452.700 to 452.930;

  (11)  "Issuing state" means the state in which a child custody determination is made;

  (12)  "Litigant" means a person, including a parent, grandparent, or stepparent, who claims a right to custody or visitation with respect to a child;

  (13)  "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;

  (14)  "Person" includes government, a governmental subdivision, agency or instrumentality, or any other legal or commercial entity;

  (15)  "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 prior to 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;

  (16)  "Physical custody" means the physical care and supervision of a child;

  (17)  "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;

  (18)  "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

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(L. 2009 H.B. 481)