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MISSOURI STATUTES AND CODES

452.705. Definitions.

Definitions.

452.705. As used in sections 452.700 to 452.930:

(1) "Abandoned" means left without provision for reasonable andnecessary care or supervision;

(2) "Child" means an individual who has not attained eighteen yearsof age;

(3) "Child custody determination" means a judgment, decree, or otherorder of a court providing for the legal custody, physical custody, orvisitation with respect to a child. The term includes a permanent,temporary, initial, or modification order. The term shall not include anorder relating to child support or other monetary obligation of anindividual;

(4) "Child custody proceeding" means a proceeding in which legalcustody, physical custody, or visitation with respect to a child is anissue. 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. Theterm 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 aproceeding;

(6) "Court" means an entity authorized under the law of a state toestablish, enforce, or modify a child custody determination;

(7) "Decree" or "custody decree" means a custody determinationcontained in a judicial decree or order made in a custody proceeding, andincludes an initial decree and a modification decree;

(8) "Home state" means the state in which a child has lived with aparent or a person acting as a parent for at least six consecutive monthsimmediately prior to the commencement of a child custody proceeding. Inthe case of a child less than six months of age, the term means the statein 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 ofsuch period;

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

(10) "Issuing court" means the court making a child custodydetermination for which enforcement is sought under sections 452.700 to452.930;

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

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

(13) "Modification" means a child custody determination that changes,replaces, supersedes or is otherwise made after a previous determinationconcerning the same child, whether or not it is made by the court that madethe previous determination;

(14) "Person" includes government, a governmental subdivision, agencyor 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 fora period of six consecutive months, including any temporary absence, withinone year immediately prior to the commencement of a child custodyproceeding; and

(b) Has been awarded legal custody by a court or claims a right tolegal custody under the law of this state;

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

(17) "State" means a state of the United States, the District ofColumbia, Puerto Rico, the United States Virgin Islands, or any territoryor insular possession subject to the jurisdiction of the United States;

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

(L. 2009 H.B. 481)

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