§ 50A-102. Definitions. - North Carolina Statutes

§50A‑102.  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 18 years of age.

(3)        "Child‑custodydetermination" means a judgment, decree, or other order of a courtproviding for the legal custody, physical custody, or visitation with respectto a child. The term includes a permanent, temporary, initial, and modificationorder. The term does not include an order relating to child support or othermonetary obligation of an individual.

(4)        "Child‑custodyproceeding" means a proceeding in which legal custody, physical custody,or visitation with respect to a child is an issue. The term includes aproceeding for divorce, separation, neglect, abuse, dependency, guardianship,paternity, termination of parental rights, and protection from domesticviolence in which the issue may appear. The term does not include a proceedinginvolving juvenile delinquency, contractual emancipation, or enforcement underPart 3 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, ormodify a child‑custody determination.

(7)        "Homestate" means the state in which a child lived with a parent or a personacting as a parent for at least six consecutive months immediately before thecommencement of a child‑custody proceeding. In the case of a child lessthan six months of age, the term means the state in which the child lived frombirth with any of the persons mentioned. A period of temporary absence of anyof the mentioned persons is part of the period.

(8)        "Initialdetermination" means the first child‑custody determinationconcerning a particular child.

(9)        "Issuingcourt" means the court that makes a child‑custody determination forwhich enforcement is sought under this Article.

(10)      "Issuingstate" means the state in which a child‑custody determination ismade.

(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; governmentalsubdivision, agency, or instrumentality; public corporation; or any other legalor commercial entity.

(13)      "Person acting asa parent" means a person, other than a parent, who:

a.         Has physical custodyof the child or has had physical custody for a period of six consecutivemonths, including any temporary absence, within one year immediately before thecommencement of a child‑custody proceeding; and

b.         Has been awardedlegal custody by a court or claims a right to legal custody under the law ofthis State.

(14)      "Physicalcustody" means the physical care and supervision of a child.

(15)      "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 of the United States.

(16)      "Tribe"means an Indian tribe or band, or Alaskan Native village, which is recognized byfederal law or formally acknowledged by a state.

(17)      "Warrant"means an order issued by a court authorizing law enforcement officers to takephysical custody of a child. (1979, c. 110, s. 1; 1999‑223,s. 3.)