NY Dom Rel L § 75-A (2021)
2021 New York Laws DOM - Domestic Relations Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act Title 1 - General Provisions 75-A - Definitions.

§ 75-a. 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 eighteen 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.  The term includes a permanent, temporary, initial, and modification order. The term 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.  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. The term  does  not  include  a  proceeding  involving  juvenile delinquency, person in need of supervision, contractual emancipation, or enforcement under title three 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, 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  consecutive  months immediately  before  the  commencement of a child custody proceeding. In the case of a child less than six months of  age,  the  term  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 article.   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 consecutive months,  including  any  temporary  absence, within  one  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.  "Physical  custody"  means the physical care and supervision of a child.   15. "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.   16.  "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.   17. "Warrant" means  an  order  issued  by  a  court  authorizing  law enforcement officers to take physical custody of a child.   18.  "Law  enforcement  officer"  means a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.