28 U.S.C. § 1738A — Full faith and credit given to child custody determinations
submitted 46 years ago by Pub. L. 96-611 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 927 words · no verdicts yet
This section requires States to enforce qualifying child-custody and visitation orders from other States. It defines the relevant terms and sets rules for jurisdiction, notice, continuing jurisdiction, and modification.
(a) A State’s appropriate authorities must enforce, as written, any custody or visitation determination made by another State’s court consistently with this section. They may not modify it except as subsections (f), (g), and (h) allow.
(b) Definitions.—(1) “Child” means a person under 18. (2) “Contestant” means a person, including a parent or grandparent, claiming custody or visitation rights. (3) “Custody determination” means a court judgment, decree, or order about a child’s custody, including permanent, temporary, initial, and modified orders. (4) “Home State” means the State where, immediately before the relevant time, the child lived with both parents, one parent, or a person acting as a parent for at least six consecutive months. For a child under six months old, it is the State where the child lived from birth with such a person. Temporary absences count. (5) “Modification” and “modify” mean a later custody or visitation determination that changes, replaces, supersedes, or otherwise follows an earlier one concerning the same child, whether by the same court or another. (6) “Person acting as a parent” means a nonparent who has physical custody and either received custody from a court or claims a right to custody. (7) “Physical custody” means actual possession and control. (8) “State” means a United States State, the District* of Columbia, Puerto Rico, or a United States territory or possession. (9) “Visitation determination” means a court judgment, decree, or order about visitation, including permanent, temporary, initial, and modified orders.
(c) A state court’s custody or visitation determination is consistent with this section only if (1) the court has jurisdiction under that State’s law; and (2) one of these is true: (A) the State is the child’s Home State when the case begins, or was the Home State within the previous six months and the child is absent because a contestant removed or kept the child, or for another reason, while a contestant still lives there; (B) no other State appears to qualify under (A), and it is in the child’s best interest for the court to act because the child and parents, or the child and at least one contestant, have a significant connection with the State beyond physical presence and substantial evidence about the child’s present or future care, protection, training, and personal relationships is available there; (C) the child is physically present and has been abandoned, or emergency action is needed because the child, a sibling, or a parent has suffered or faces mistreatment or abuse; (D) no other State appears to qualify under (A), (B), (C), or (E), or another State declined because this State is the better forum, and it is in the child’s best interest for this court to act; or (E) the court has continuing jurisdiction under (d).
(d) A court that made a qualifying determination keeps jurisdiction while it continues to meet (c)(1) and the State remains the residence of the child or any contestant.
(e) Before making a custody or visitation determination, the court must give reasonable notice and an opportunity to be heard to contestants, any parent whose parental rights have not ended, and anyone with physical custody.
(f) A State court may modify another State’s custody determination if it has jurisdiction and the other court no longer has jurisdiction or declined to modify it.
(g) A State court may not exercise jurisdiction over a custody or visitation case begun while another State court is properly exercising jurisdiction over such a determination.
(h) A State court may not modify another State’s visitation determination unless the other court no longer has jurisdiction to modify it or declined to do so.
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.
As used in this section, the term—
“child” means a person under the age of eighteen;
“contestant” means a person, including a parent or grandparent, who claims a right to custody or visitation of a child;
“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;
“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;
“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;
“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;
“physical custody” means actual possession and control of a child;
“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
“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.
A child custody or visitation determination made by a court of a State is consistent with the provisions of this section only if—
such court has jurisdiction under the law of such State; and
one of the following conditions is met:
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;
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;
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;
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
the court has continuing jurisdiction pursuant to subsection (d) of this section.
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.
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.
A court of a State may modify a determination of the custody of the same child made by a court of another State, if—
it has jurisdiction to make such a child custody determination; and
the court of the other State no longer has jurisdiction, or it has declined to exercise such jurisdiction to modify such determination.
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.
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.
Source credit: (Added Pub. L. 96–611, § 8(a), Dec. 28, 1980, 94 Stat. 3569; amended Pub. L. 105–374, § 1, Nov. 12, 1998, 112 Stat. 3383; Pub. L. 106–386, div. B, title III, § 1303(d), Oct. 28, 2000, 114 Stat. 1512.)
- 1980Enacted · Pub. L. 96-611 · 94 Stat. 3569
- 1998Amended · Pub. L. 105-374 · 112 Stat. 3383
- 2000Amended · Pub. L. 106-386 · 114 Stat. 1512
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-611 on 1980-12-28.
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