§48-20-101. Short Title
§48-20-101. Short title. This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
§48-20-102. Definitions
§48-20-102. Definitions. (a) "Abandoned" means left without provision for reasonable and necessary care or supervision. (b) "Child" means an individual who has not attained eighteen years of age. (c) "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 […]
§48-20-103. Proceedings Governed by Other Law
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
§48-20-104. Application to Indian Tribes
(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if […]
§48-20-105. International Application of Chapter
(a) A court of this state shall treat a foreign country as if it were a state of the United States for purpose of applying parts 1 and 2. (b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity […]
§48-20-106. 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 20-108 or who have submitted to the jurisdiction of the court, and who have been given an […]
§48-20-107. 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.
§48-20-108. Notice to Persons Outside State
(a) 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 […]
§48-20-109. Appearance and Limited Immunity
(a) 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 having been physically present for the […]
§48-20-110. Communication Between Courts
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) 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 […]
§48-20-111. Taking Testimony in Another State
(a) 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 […]
§48-20-112. Cooperation Between Courts; Preservation of Records
(a) A court of this state may request the appropriate court of another state to: (1) Hold an evidentiary hearing;
§48-20-201. Initial Child Custody Jurisdiction
§48-20-201. Initial child custody jurisdiction. (a) Except as otherwise provided in section 20-204, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the […]
§48-20-202. Exclusive, Continuing Jurisdiction
(a) Except as otherwise provided in section 20-204, a court of this state which has made a child custody determination consistent with section 20-201 or 20-203 has exclusive, continuing jurisdiction over the determination until: (1) A court of this state determines that neither the child, the child and one parent, nor the child and a […]
§48-20-203. Jurisdiction to Modify Determination
Except as otherwise provided in section 20-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (1) or (2), subsection (a), section 20-201 and: (1) The court of the other […]
§48-20-204. Temporary Emergency Jurisdiction
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. […]
§48-20-205. Notice; Opportunity to Be Heard; Joinder
(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 20-108, must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental […]
§48-20-206. Simultaneous Proceedings
(a) Except as otherwise provided in section 20-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this […]
§48-20-207. Inconvenient Forum
(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient […]
§48-20-208. Jurisdiction Declined by Reason of Conduct
(a) Except as otherwise provided in section 20-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) The parents and all persons acting […]