N.Y. Domestic Relations Law § 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.