§ 15-14.1-2. Definitions.
As used in this chapter the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent:
(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. 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, contractual emancipation, or enforcement under this chapter;
(5) “Commencement” means the filing of the first pleading in a proceeding;
(6) “Court” means the family court of the State of Rhode Island unless another meaning is so indicated;
(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, 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 chapter;
(10) “Issuing state” means the state in which a child custody determination is made;
(11) “Modification” means a child custody determination that changes, replaces, supercedes, 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:
(i) 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 year immediately before the commencement of a child custody proceeding; and
(ii) 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.
History of Section.P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2; P.L. 2021, ch. 77, § 13, effective June 23, 2021; P.L. 2021, ch. 78, § 13, effective June 23, 2021.
Structure Rhode Island General Laws
Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
Section 15-14.1-1. - Short title.
Section 15-14.1-2. - Definitions.
Section 15-14.1-3. - Proceedings governed by other law.
Section 15-14.1-4. - Application to Indian tribes.
Section 15-14.1-5. - International application.
Section 15-14.1-6. - Effect of child custody determination.
Section 15-14.1-7. - Priority.
Section 15-14.1-8. - Notice to persons outside state.
Section 15-14.1-9. - Appearance and limited immunity.
Section 15-14.1-10. - Communication between courts.
Section 15-14.1-11. - Taking testimony in another state.
Section 15-14.1-12. - Cooperation between courts — Preservation of records.
Section 15-14.1-13. - Initial child custody jurisdiction.
Section 15-14.1-14. - Exclusive, continuing jurisdiction.
Section 15-14.1-15. - Jurisdiction to modify determination.
Section 15-14.1-16. - Temporary emergency jurisdiction.
Section 15-14.1-17. - Notice — Opportunity to be heard — Joinder.
Section 15-14.1-18. - Simultaneous proceedings.
Section 15-14.1-19. - Inconvenient forum.
Section 15-14.1-20. - Jurisdiction declined by reason of conduct.
Section 15-14.1-21. - Information to be submitted to court.
Section 15-14.1-22. - Appearance of parties and child.
Section 15-14.1-23. - Additional definitions in this chapter.
Section 15-14.1-24. - Enforcement under Hague Convention.
Section 15-14.1-25. - Duty to enforce.
Section 15-14.1-26. - Temporary visitation.
Section 15-14.1-27. - Registration of child custody determination.
Section 15-14.1-28. - Enforcement of registered determination.
Section 15-14.1-29. - Simultaneous proceedings.
Section 15-14.1-30. - Expedited enforcement of child custody determination.
Section 15-14.1-31. - Service of petition and order.
Section 15-14.1-32. - Hearing and order.
Section 15-14.1-33. - Warrant to take physical custody of child.
Section 15-14.1-34. - Costs, fees, and expenses.
Section 15-14.1-35. - Recognition and enforcement.
Section 15-14.1-36. - Appeals.
Section 15-14.1-37. - Role of prosecutor or public official.
Section 15-14.1-38. - Role of law enforcement.
Section 15-14.1-39. - Costs and expenses.
Section 15-14.1-40. - Application and construction.