US Lawyer Database

§ 93-27-104. Application to Indian tribes

A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 USCS Section 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. A court of this state shall treat a tribe as if it […]

§ 93-27-105. International application

A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2. Except as otherwise provided in subsection (3), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards […]

§ 93-27-106. Effect of child-custody determination

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 93-27-108 or who have submitted to the jurisdiction of the court, and who have been given an […]

§ 93-27-107. Priority

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

§ 93-27-108. Notice to persons outside state

Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give […]

§ 93-27-109. Appearance and limited immunity

A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the […]

§ 93-27-110. Communication between courts

A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before […]

§ 93-27-111. Taking testimony in another state

In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own […]

§ 93-27-112. Cooperation between courts; preservation of records

A court of this state may request the appropriate court of another state to: Hold an evidentiary hearing; Order a person to produce or give evidence pursuant to procedures of that state; Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; Forward to the court […]