CHILD CUSTODY

There are two issues in determining custody.  First, which court has jurisdiction (i.e. the right) to make a custody determination.  Second, what is in the "best interests of the child" in determining who will receive full custody. 

TYPES OF CUSTODY. There are two different types of custody:  full custody and joint custody.  A parent who has full custody usually physically has the child for a majority of the time and makes all decisions for child.  Joint custody is where parents make all decisions for the child together and equally share in caring for the child.  In some cases, custody is stylized as "joint custody" in the divorce decree, but one parent is titled "primary physical custodian".  This is dividing custody into its two subparts:  physical custody and legal custody.  Physical custody is who has the child subject to visitation rights.  Legal custody is who gets to make the decisions for the child.  The "primary physical custodian" has the child while the parents make decisions jointly.  In actuality, this usually ends up working exactly like full custody by another name.  It is never done by the courts, but is done in agreements between the parents.  In Arkansas, joint custody is not favored by the courts and will not be granted by the court at a hearing.  The parties may agree to joint custody and a judge will approve it, but a judge is not going to award it at a hearing.  Reason.  If the parties cannot agree now, how are they going to agree about decisions for the child.  The reason most parent agree to joint custody or joint custody with a primary physical custodian is to avoid child support or for the principle of the matter to make one parent feel better about the situation.  If you have some form of joint custody and you go back to court, the court is going to change it to full custody reasoning that the current situation of joint custody is not working.  The court does not support ordering things that are going to result in future litigation and court time.

CUSTODY DETERMINATION: The previous law was known as the "Tender Years Doctrine".  Under this law, preference for custody was usually given to the woman.  This was struck down as unconstitutional.  However, I mention it because if you review legal articles or talk to a practicing attorney, you will hear or read things to the effect of the Tender Years Doctrine being live and well.  While the courts are getting much better about not making determinations without regard to the sex of the parent, some judges still unofficially follow the Tender Years Doctrine masked in current ideology.  If both parents are good parents and rate very similarly, who should the judge award custody to?  The current law requires the court to determine what is in the "Best Interest of the Child" in awarding custody.  The courts will look at:

1.  Who was the "primary caretaker" of the children during the marriage?  A presumption of custody is often given to the primary caretaker.  In determining who the primary caretaker is, the court looks at who did the cooking, bathing, clothing, medical care, educating, motivating the child, and activities with the child.  Deciding who the primary caretaker is, is often harder than it appears.  What if neither are the primary caretaker?  What if one parent was the primary caretaker for 10 years, but the other parent has been the primary caretaker for the past 2 years?  What if one parent is primary caretaker of 1 child and the other parent the primary caretaker of the other child?  The courts do no like to split up siblings.

2.   Is either parent an unfit parent?

3.   Who is better for the child?

4.   Which environment is more stable?

5.   Which parent has more flexibility to provide personal care for the child?

6.   Income is NOT a basis for custody.

7.   Some courts have a same sex preference for older children.

8.   You cannot be found per se unfit because of a disability.

9.   Court does not give weight to a CHILD'S PREFERENCE AT ANY AGE.

10. Court will consider and give weight to the reasons a child has a preference.

11. Presumption of custody will be given to one parent if the other parent engages in domestic abuse.

In the case of an illegitimate child, custody automatically goes to the mother.  After paternity is established, the father may petition the court for custody, but unless the unwed mother and unwed father lived together, the mother will be found to be the primary caretaker and will be awarded custody unless she is shown to be unfit.

DETERMINING JURISDICTION:  This is a very complicated area when dealing with multiple state connections.  If your case has multiple state connections, you need to seek professional legal advice.  There are both federal and state statutes covering this area.  In addition, each state has different laws on this subject.  Some very general guidelines are:  1.  The state where the child has resided for the past six months usually has jurisdiction for the initial custody determination.  The court looks at the connection of the state to the child.  2.  The court that makes the initial custody determination retains jurisdiction for all future court appearances until that court orders otherwise.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 13. CHILD CUSTODY AND VISITATION
SUBCHAPTER 1. GENERAL PROVISIONS

Arkansas Code Annotated Section 9-13-101:  Award of Custody.

(a)(1)(A)  In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent, but solely in accordance with the welfare and best interest of the child. 
         (B)  When a court order holds that it is in the best interest of a child to award custody to a grandparent, the award of custody shall be made without regard to the sex of the grandparent. 
    (2)(A)  Upon petition by a grandparent who meets the requirements of subsection (b) of this section and subdivision (a)(1) of this section, a court shall grant the grandparent a right to intervene pursuant to Rule 24(a) of the Arkansas Rules of Civil Procedure. 
        (B)(i)  A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: 
                  (a)  A grandchild resides with this grandparent for at least six (6) continuous months prior to its first birthday; 
                  (b)  The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and 
                  (c)  The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. 
             (ii)  A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or older when: 
                  (a)  A grandchild resides with this grandparent for at least one (1) continuous year regardless of age; 
                  (b)  The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and 
                  (c)  The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. 
             (iii)  Notice to a grandparent shall be given by the moving party. 
    (3)  For purposes of this section, "grandparent" does not mean a parent of a putative father of a child. 
    (4)(A)  The party that initiates a child custody proceeding shall notify the court of the name and address of any grandparent who is entitled to notice under the provisions of subdivision (a)(1) of this section. 
        (B)  The notice shall be in accordance with § 16-55-114. 
(b)(1)  When in the best interests of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents. 
    (2)  If a grandparent meets the requirements of subdivisions (a)(1) and (2)(B) of this section and is a party to the proceedings, the court may consider the continuing contact between the child and a grandparent who is a party, and the court may consider orders to assure the continuing contact between the grandparent and the child. 
    (3)  To this effect, in making an order for custody, the court may consider, among other facts, which party is more likely to allow the child or children frequent and continuing contact with the noncustodial parent and the noncustodial grandparent who meets the requirements of subdivisions (a)(1) and (2)(B) of this section. 
(c)(1)  Where a party to an action concerning custody of, or a right to visitation with, a child has committed an act of domestic violence against the party making the allegation or a family or household member of either party and such allegations are proven by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best interests of the child, whether or not the child was physically injured or personally witnessed the abuse, together with such facts and circumstances as the court deems relevant in making a direction pursuant to this section. 
    (2)  There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases where there is a finding, by a preponderance of the evidence, that the parent has engaged in a pattern of domestic abuse. 
(d)(1)  The Director of the Administrative Office of the Courts is authorized to establish an attorney ad litem program to represent children in chancery court cases where custody is an issue. 
    (2)  When a chancellor determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the chancellor may appoint a private attorney to represent the child. 
    (3)(A)  The Arkansas Supreme Court, with advice of the chancellors, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases. 
        (B)(i)  In extraordinary cases, the chancery court may appoint an attorney ad litem who does not meet the required standards and qualifications. 
             (ii)  The attorney may not be appointed in subsequent cases until he has made efforts to meet the standards and qualifications. 
    (4)  When attorneys are appointed pursuant to subdivision (d)(2) of this section, the fees for services and reimbursable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts. 
    (5)(A)  When a chancellor orders the payment of funds for the fees and expenses authorized by this section, the chancellor shall transmit a copy of the order to the Administrative Office of the Courts, which is authorized to pay the funds. 
        (B)  The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay. 
    (6)  The Administrative Office of the Courts shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case which will be paid pursuant to this section. 
    (7)  In order to insure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the Administrative Office of the Courts and approved by the Arkansas Judicial Council and the Rules and Regulations Subcommittee of the Arkansas Legislative Council. 
    (8)(A)  The Administrative Office of the Courts shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. 
        (B)  Statistics shall include the ages of children served, whether the custody issue arises at a divorce or post-divorce stage, whether psychological services were ordered, and any other relevant information.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 10. PATERNITY
SUBCHAPTER 1. GENERAL PROVISIONS

Arkansas Code Annotated Section 9-10-113:  Custody of Illegitimate Child.

(a)  When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches the age of eighteen (18) years unless a court of competent jurisdiction enters an order placing the child in the custody of another party. 
(b)  A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the chancery court, or other court of competent jurisdiction, wherein the child resides, for custody of the child. 
(c)  The court may award custody to the biological father upon a showing that: 
      (1)  He is a fit parent to raise the child; 
      (2)  He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and 
      (3)  It is in the best interest of the child to award custody to the biological father.

(a)  In addition to other factors that a court shall consider in a proceeding in which the temporary custody of a child or temporary visitation by a parent is at issue and in which the court has made a finding of domestic or family violence, the court shall consider: 
      (1)  As primary the safety and well-being of the child and of the parent who is the plaintiff of domestic or family violence; and 
      (2)  The defendant's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person. 
(b)  If a parent is absent or relocates because of an act of domestic or family violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation. 
(c)  There shall be a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases where there is a finding, by a preponderance of the evidence, that a pattern of abuse has occurred.

(a) (1) (A)  A person commits the offense of interference with court-ordered custody if knowing that he or she has no lawful right to do so he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of custody of the minor. 
           (B) (i)  Interference with court-ordered custody is a Class D felony if the minor is taken, enticed, or kept without the State of Arkansas. 
                 (ii)  Otherwise, it is a Class A misdemeanor. 
      (2) (A)  A person commits the offense of interference with custody if without lawful authority he or she knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice any minor or any incompetent person from the custody of: 
                 (i)  The parent of the minor or incompetent person; 
                 (ii)  The guardian of the minor or incompetent person; 
                 (iii)  A public agency having lawful charge of the minor or incompetent person; or 
                 (iv)  Any other lawful custodian. 
            (B)  Interference with custody is a Class C felony. 
(b) (1)  In every case, prior to serving a warrant for arrest on a person charged with the offense of interference with court-ordered custody, the police officer or other law enforcement officer shall inform the Department of Human Services of the circumstances of any minor named in the information or indictment as having been taken, enticed, or kept from the custodian in a manner constituting interference with court-ordered custody. 
     (2)  A representative of the department shall be present with the arresting officer to take the minor into temporary custody of the department pending further proceedings by a court of competent jurisdiction. 
(c) (1)  A court of competent jurisdiction shall determine the immediate custodial placement of all these minors pursuant to a petition brought by the department or an agency thereof to determine if there is probable cause to believe the minor: 
            (A)  May be removed from the jurisdiction of the court; 
            (B)  May be abandoned; or 
            (C)  May be without the immediate care or support of one lawfully entitled to custody. 
      (2)  The court shall immediately give custody to the lawful custodian if it finds that the lawful custodian is present before the court. 
(d) (1)  The petitioner shall comply with the requirements of § 9-27-312 with regard to the giving of a notice and setting of hearings. 
      (2)  The petitioner shall be immune from liability with respect to any conduct undertaken pursuant to this section unless it is determined that the petitioner acted with actual malice.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
SUBCHAPTER 1. GENERAL PROVISIONS

Arkansas Code Annotated Section 9-19-102:  Definitions

In this chapter: 
(1)  "Abandoned" means left without provision for reasonable and necessary care or supervision. 
(2)  "Child" means an individual who has not attained 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 subchapter 3 of this chapter. 
(5)  "Commencement" means the filing of the first pleading in a proceeding. 
(6)  "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. 
(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, 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. 
(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: 
        (A)  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 (1) year immediately before the commencement of a child-custody proceeding; and 
        (B)  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.

Arkansas Code Annotated Section 9-19-106:  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 § 9-19-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

ARKANSAS CODE OF 1987 ANNOTATED
TITLE 9. FAMILY LAW
SUBTITLE 2. DOMESTIC RELATIONS
CHAPTER 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
SUBCHAPTER 2. JURISDICTION

Arkansas Code Annotated Section 9-19-201:  Initial Child-Custody Jurisdiction

(a)  Except as otherwise provided in § 9-19-204, 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 child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; 
      (2)  a court of another state does not have jurisdiction under subdivision (a)(1) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under § 9-19-207 or § 9-19-208, and: 
            (A)  the child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and 
            (B)  substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; 
      (3)  all courts having jurisdiction under subdivision (a)(1) or (2) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under § 9-19-207 or § 9-19-208; or 
      (4)  no court of any other state would have jurisdiction under the criteria specified in

subdivision (a)(1), (2), or (3) of this section. 
(b)  Subsection (a) of this section is the exclusive jurisdictional basis for making a child-custody determination by a court of this state. 
(c)  Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.

Arkansas Code Annotated Section 9-19-202:  Exclusive, Continuing Jurisdiction

(a)  Except as otherwise provided in § 9-19-204, a court of this state which has made a child-custody determination consistent with §9-19-201 or § 9-19-203 has exclusive, continuing jurisdiction over the determination until: 
      (1)  a court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or 
      (2)  a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state. 
(b)  A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 9-19-201.

Arkansas Code Annotated Section 9-19-203:  Jurisdiction to Modify Determination

Except as otherwise provided in § 9-19-204, 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 § 9-19-201(a)(1) or (2) and: 
(1)  the court of the other state determines it no longer has exclusive, continuing jurisdiction under § 9-19-202 or that a court of this state would be a more convenient forum under § 9-19-207; or 
(2)  a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.

Arkansas Code Annotated Section 9-19-204:  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. 
(b)  If there is no previous child-custody determination that is entitled to be enforced under this chapter, and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. 
(c)  If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under §§ 9-19-201 - 9-19-203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. 
(d)  A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under §§ 9-19-201 - 9-19-203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to §§ 9-19-201 - 9-19-203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

Arkansas Code Annotated Section 9-19-206:  Simultaneous Proceedings

a)  Except as otherwise provided in § 9-19-204, a court of this state may not exercise its jurisdiction under this subchapter 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 chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under § 9-19-207. 
(b)  Except as otherwise provided in § 9-19-204, a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 9-19-209. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. 
(c)  In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may: 
      (1)  stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; 
      (2)  enjoin the parties from continuing with the proceeding for enforcement; or 
      (3)  proceed with the modification under conditions it considers appropriate.

Arkansas Code Annotated Section 9-19-207:  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 forum may be raised upon motion of a party, the court's own motion, or request of another court. 
(b)  Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: 
      (1)  whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; 
      (2)  the length of time the child has resided outside this state; 
      (3)  the distance between the court in this state and the court in the state that would assume jurisdiction; 
      (4)  the relative financial circumstances of the parties; 
      (5)  any agreement of the parties as to which state should assume jurisdiction; 
      (6)  the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; 
      (7)  the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and 
      (8)  the familiarity of the court of each state with the facts and issues in the pending litigation. 
(c)  If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. 
(d)  A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Arkansas Code Annotated Section 9-19-209:  Information to be Submitted to Court

(a)  In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: 
      (1)  has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any; 
      (2)  knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and 
      (3)  knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. 
(b)  If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. 
(c)  If the declaration as to any of the items described in subdivisions (a)(1)-(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. 
(d)  Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. 
(e)  If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

UNITED STATES CODE
TITLE 28. JUDICIARY AND JUDICIAL PROCEDURE
PART V. PROCEDURE

CHAPTER 115. EVIDENCE, DOCUMENTARY

U.S.C. § 1738A:  FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS

A.K.A.: PARENTAL KIDNAPPING PREVENTION ACT

(a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsections (f), (g), and (h) of this section, any custody determination or visitation determination made consistently with the provisions of this section by a court of another State.

(b) As used in this section, the term:

      (1) ''child'' means a person under the age of eighteen;

      (2) ''contestant'' means a person, including a parent or grandparent, who claims a right to custody or visitation of a child;

      (3) ''custody determination'' means a judgment, decree, or other order of a court providing for the custody of a child, and includes permanent and temporary orders, and initial orders and modifications;

      (4) ''home State'' means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. Periods of temporary absence of any of such persons are counted as part of the six-month or other period;

      (5) ''modification'' and ''modify'' refer to a custody or visitation determination which modifies, replaces, supersedes, or otherwise is made subsequent to, a prior custody or visitation determination concerning the same child, whether made by the same court or not;

      (6) ''person acting as a parent'' means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;

      (7) ''physical custody'' means actual possession and control of a child;

      (8) ''State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States; and

      (9) ''visitation determination'' means a judgment, decree, or other order of a court providing for the visitation of a child and includes permanent and temporary orders and initial orders and modifications.

(c) A child custody or visitation determination made by a court of a State is consistent with the provisions of this section only if:

      (1) such court has jurisdiction under the law of such State; and

      (2) one of the following conditions is met:

            (A) such State

                  (i) is the home State of the child on the date of the commencement of the proceeding, or

                  (ii) had been the child's home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State;

            (B) (i) it appears that no other State would have jurisdiction under subparagraph (A), and

                  (ii) it is in the best interest of the child that a court of such State assume jurisdiction because

                        (I) the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and

                        (II) there is available in such State substantial evidence concerning the child's present or future care, protection, training, and personal relationships;

            (C) the child is physically present in such State and

                  (i) the child has been abandoned, or

                  (ii) it is necessary in an emergency to protect the child because the child, a sibling, or parent of the child has been subjected to or threatened with mistreatment or abuse;

            (D) (i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue is the more appropriate forum to determine the custody or visitation of the child, and

                  (ii) it is in the best interest of the child that such court assume jurisdiction; or

            (E) the court has continuing jurisdiction pursuant to subsection (d) of this section.

(d) The jurisdiction of a court of a State which has made a child custody or visitation determination consistently with the provisions of this section continues as long as the requirement of subsection (c)(1) of this section continues to be met and such State remains the residence of the child or of any contestant. (e) Before a child custody or visitation determination is made, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated and any person who has physical custody of a child.

(f) A court of a State may modify a determination of the custody of the same child made by a court of another State, if:

      (1) it has jurisdiction to make such a child custody determination; and

      (2) the court of the other State no longer has jurisdiction, or it has declined to exercise such jurisdiction to modify such determination.

(g) A court of a State shall not exercise jurisdiction in any proceeding for a custody or visitation determination commenced during the pendency of a proceeding in a court of another State where such court of that other State is exercising jurisdiction consistently with the provisions of this section to make a custody or visitation determination.

(h) A court of a State may not modify a visitation determination made by a court of another State unless the court of the other State no longer has jurisdiction to modify such determination or has declined to exercise jurisdiction to modify such determination.

Last Updated:  July 24 2003