25 U.S.C. § 1920 — Improper removal of child from custody; declination of jurisdiction; forthwith return of child: danger exception
submitted 48 years ago by Pub. L. 95-608 to r/title-25-INDIANS · 84 words · no verdicts yet
Improper removal of child from custody is governed by the rules in this section. Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court must decline jurisdiction over that petition and must promptly return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of that danger.
Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court must decline jurisdiction over that petition and must promptly return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of that danger.
Where any petitioner in an Indian child custody proceeding before a State court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his parent or Indian custodian unless returning the child to his parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
Source credit: (Pub. L. 95–608, title I, § 110, Nov. 8, 1978, 92 Stat. 3075.)
- 1978Enacted · Pub. L. 95-608 · 92 Stat. 3075
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-608 on 1978-11-08.
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