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U.S. Code as of:
01/19/04
Section 1738A. Full faith and credit given to child custody determinations
(a) The appropriate authorities of every State shall enforce
according to its terms, and shall not modify except as provided in
subsections (f), (g), and (h) of this section, any custody
determination or visitation determination made consistently with
the provisions of this section by a court of another State.
(b) As used in this section, the term -
(1) "child" means a person under the age of eighteen;
(2) "contestant" means a person, including a parent or
grandparent, who claims a right to custody or visitation of a
child;
(3) "custody determination" means a judgment, decree, or other
order of a court providing for the custody of a child, and
includes permanent and temporary orders, and initial orders and
modifications;
(4) "home State" means the State in which, immediately
preceding the time involved, the child lived with his parents, a
parent, or a person acting as parent, for at least six
consecutive months, and in the case of a child less than six
months old, the State in which the child lived from birth with
any of such persons. Periods of temporary absence of any of such
persons are counted as part of the six-month or other period;
(5) "modification" and "modify" refer to a custody or
visitation determination which modifies, replaces, supersedes, or
otherwise is made subsequent to, a prior custody or visitation
determination concerning the same child, whether made by the same
court or not;
(6) "person acting as a parent" means a person, other than a
parent, who has physical custody of a child and who has either
been awarded custody by a court or claims a right to custody;
(7) "physical custody" means actual possession and control of a
child;
(8) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or
possession of the United States; and
(9) "visitation determination" means a judgment, decree, or
other order of a court providing for the visitation of a child
and includes permanent and temporary orders and initial orders
and modifications.
(c) A child custody or visitation determination made by a court
of a State is consistent with the provisions of this section only
if -
(1) such court has jurisdiction under the law of such State;
and
(2) one of the following conditions is met:
(A) such State (i) is the home State of the child on the date
of the commencement of the proceeding, or (ii) had been the
child's home State within six months before the date of the
commencement of the proceeding and the child is absent from
such State because of his removal or retention by a contestant
or for other reasons, and a contestant continues to live in
such State;
(B)(i) it appears that no other State would have jurisdiction
under subparagraph (A), and (ii) it is in the best interest of
the child that a court of such State assume jurisdiction
because (I) the child and his parents, or the child and at
least one contestant, have a significant connection with such
State other than mere physical presence in such State, and (II)
there is available in such State substantial evidence
concerning the child's present or future care, protection,
training, and personal relationships;
(C) the child is physically present in such State and (i) the
child has been abandoned, or (ii) it is necessary in an
emergency to protect the child because the child, a sibling, or
parent of the child has been subjected to or threatened with
mistreatment or abuse;
(D)(i) it appears that no other State would have jurisdiction
under subparagraph (A), (B), (C), or (E), or another State has
declined to exercise jurisdiction on the ground that the State
whose jurisdiction is in issue is the more appropriate forum to
determine the custody or visitation of the child, and (ii) it
is in the best interest of the child that such court assume
jurisdiction; or
(E) the court has continuing jurisdiction pursuant to
subsection (d) of this section.
(d) The jurisdiction of a court of a State which has made a child
custody or visitation determination consistently with the
provisions of this section continues as long as the requirement of
subsection (c)(1) of this section continues to be met and such
State remains the residence of the child or of any contestant.
(e) Before a child custody or visitation determination is made,
reasonable notice and opportunity to be heard shall be given to the
contestants, any parent whose parental rights have not been
previously terminated and any person who has physical custody of a
child.
(f) A court of a State may modify a determination of the custody
of the same child made by a court of another State, if -
(1) it has jurisdiction to make such a child custody
determination; and
(2) the court of the other State no longer has jurisdiction, or
it has declined to exercise such jurisdiction to modify such
determination.
(g) A court of a State shall not exercise jurisdiction in any
proceeding for a custody or visitation determination commenced
during the pendency of a proceeding in a court of another State
where such court of that other State is exercising jurisdiction
consistently with the provisions of this section to make a custody
or visitation determination.
(h) A court of a State may not modify a visitation determination
made by a court of another State unless the court of the other
State no longer has jurisdiction to modify such determination or
has declined to exercise jurisdiction to modify such determination.
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