36-6-205 - Part definitions. - Tennessee Statutes

36-6-205. Part definitions.

As used in this part, unless the context otherwise requires:

     (1)  “Abandoned” means left without provision for reasonable and necessary care or supervision;

     (2)  “Child” means an individual who has not attained eighteen (18) 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. “Child custody determination” includes a permanent, temporary, initial, and modification order. “Child custody determination” 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. “Child custody proceeding” 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. “Child custody proceeding” does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part 3 of this chapter;

     (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 (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, “home state” 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 part;

     (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 (6) consecutive months, including any temporary absence, within one (1) 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)  “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;

     (15)  “Physical custody” means the physical care and supervision of a child;

     (16)  “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;

     (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)  “Tribe” means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state; and

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

[Acts 1999, ch. 389, § 6.]