§ 93-29-1. Short title
This chapter may be cited as the Uniform Child Abduction Prevention Act.
§ 93-29-11. Contents of petition
A petition under this chapter must be verified and include a copy of any existing child-custody determination, if available. The petition must specify the risk factors for abduction including the relevant factors described in Section 93-29-13. Subject to Section 93-27-209(5), if reasonably ascertainable, the petition must contain: The name, date of birth and gender of […]
§ 93-29-13. Factors to determine risk of abduction
In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: Has previously abducted or attempted to abduct the child; Has threatened to abduct the child; Has recently engaged in activities that may indicate a planned abduction, including: Has engaged in domestic […]
§ 93-29-15. Provisions and measures to prevent abduction
If a petition is filed under this chapter, the court may enter an order that must include: The basis for the court’s exercise of jurisdiction; The manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; A detailed description of each party’s custody and visitation […]
§ 93-29-17. Warrant to take physical custody of child
If a petition under this chapter contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child. The respondent on a petition under subsection (a) must be afforded an […]
§ 93-29-19. Duration of abduction prevention order
An abduction prevention order remains in effect until the earliest of: The time stated in the order; The emancipation of the child; The child’s attaining eighteen (18) years of age; or The time the order is modified, revoked, vacated or superseded by a court with jurisdiction under Sections 93-27-201 through 93-27-203.
§ 93-29-21. Uniformity of application and construction
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 93-29-23. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USCS Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of the act, 15 USCS Section 7001(c), of that act or authorize electronic delivery of any of the notices described in Section 103(b) of […]
§ 93-29-3. Definitions
In this chapter: “Abduction” means the wrongful removal or wrongful retention of a child. “Child” means an unemancipated individual who is less than eighteen (18) years of age. “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 […]
§ 93-29-5. Cooperation and communication among courts
Sections 93-27-110, 93-27-111 and 93-27-112 apply to cooperation and communications among courts in proceedings under this chapter.
§ 93-29-7. Actions for abduction prevention measures
A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state […]
§ 93-29-9. Jurisdiction
A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the Uniform Child Custody Jurisdiction and Enforcement Act. A court of this state has temporary emergency jurisdiction under Section 93-27-204 if the court finds a credible risk […]