Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
Section 5402 - Definitions


The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abandoned." Left without provision for reasonable and necessary care or supervision.
"Child." An individual who has not attained 18 years of age.
"Child custody determination." A judgment, decree or other order of a court providing for 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.
"Child custody proceeding." 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, contractual emancipation or enforcement under Subchapter C (relating to enforcement).
"Commencement." The filing of the first pleading in a proceeding.
"Court." An entity authorized under the law of a state to establish, enforce or modify a child custody determination.
"Home state." 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 six months of age or younger, 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.
"Initial determination." The first child custody determination concerning a particular child.
"Issuing court." The court that makes a child custody determination for which enforcement is sought under this chapter.
"Modification." 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.
"Person." An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.
"Person acting as a parent." A person, other than a parent, who:
(1) 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
(2) has been awarded legal custody by a court or claims a right to legal custody under the laws of this Commonwealth.
"Physical custody." The physical care and supervision of a child.
"State." 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.
"Tribe." A Native American tribe or band, or Alaskan Native village, which is recognized by Federal law or formally acknowledged by a state.
"Warrant." An order issued by a court authorizing law enforcement officers to take physical custody of a child.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 23 - DOMESTIC RELATIONS

Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement

Extra - Chapter Notes

Section 5401 - Short title of chapter

Section 5402 - Definitions

Section 5403 - Proceedings governed by other law

Section 5404 - Application to Native American tribes

Section 5405 - International application of chapter

Section 5406 - Effect of child custody determination

Section 5407 - Priority

Section 5408 - Notice to persons outside Commonwealth

Section 5409 - Appearance and limited immunity

Section 5410 - Communication between courts

Section 5411 - Taking testimony in another state

Section 5412 - Cooperation between courts; preservation of records

Section 5421 - Initial child custody jurisdiction

Section 5422 - Exclusive, continuing jurisdiction

Section 5423 - Jurisdiction to modify determination

Section 5424 - Temporary emergency jurisdiction

Section 5425 - Notice; opportunity to be heard; joinder

Section 5426 - Simultaneous proceedings

Section 5427 - Inconvenient forum

Section 5428 - Jurisdiction declined by reason of conduct

Section 5429 - Information to be submitted to court

Section 5430 - Appearance of parties and child

Section 5441 - Definitions

Section 5442 - Enforcement under Hague Convention

Section 5443 - Duty to enforce

Section 5444 - Temporary visitation

Section 5445 - Registration of child custody determination

Section 5446 - Enforcement of registered determination

Section 5447 - Simultaneous proceedings

Section 5448 - Expedited enforcement of child custody determination

Section 5449 - Service of petition and order

Section 5450 - Hearing and order

Section 5451 - Warrant to take physical custody of child

Section 5452 - Costs, fees and expenses

Section 5453 - Recognition and enforcement

Section 5454 - Appeals

Section 5455 - Role of prosecutor or public official

Section 5456 - Role of law enforcement

Section 5457 - Costs and expenses

Section 5471 - Intrastate application

Section 5481 - Application and construction

Section 5482 - Severability