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38-13a02. Definitions.

38-13a02

Chapter 38.--MINORS
Article 13a.--CHILD ABDUCTION PREVENTION

      38-13a02.   Definitions.In this act:

      (1)   "Abduction" means the wrongful removal or wrongful retention of a child.

      (2)   "Child" means an unemancipated individual who is less than 18 yearsof age.

      (3)   "Child-custody determination" means a judgment, decree, or other order ofa courtproviding for the legal custody, physical custody, or visitation with respectto a child. The termincludes a permanent, temporary, initial, and modification order.

      (4)   "Child-custody proceeding" means a proceeding in which legal custody,physicalcustody, or visitation with respect to a child is at issue. The term includes aproceeding fordivorce, dissolution of marriage, separation, neglect, abuse, dependency,guardianship, paternity,termination of parental rights, or protection from domestic violence.

      (5)   "Court" means an entity authorized under the law of a state to establish,enforce, ormodify a child-custody determination.

      (6)   "Petition" includes a motion or its equivalent.

      (7)   "Record" means information that is inscribed on a tangible medium or thatis stored inan electronic or other medium and is retrievable in perceivable form.

      (8)   "State" means a state of the United States, the District of Columbia,Puerto Rico, theUnited States Virgin Islands, or any territory or insular possession subject tothe jurisdiction ofthe United States. The term includes a federally recognized Indian tribe ornation.

      (9)   "Travel document" means records relating to a travel itinerary, includingtraveltickets, passes, reservations for transportation, or accommodations.The term does not include apassport or visa.

      (10)   "Wrongful removal" means the taking of a child that breaches rights ofcustody orvisitation given or recognized under the law of this state.

      (11)   "Wrongful retention" means the keeping or concealing of a childthat breaches rightsof custody or visitation given or recognized under the law of this state.

      History:   L. 2007, ch. 75, § 2; July 1.

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