                                 CODE OF VIRGINIA

DEFINITIONS (§ 20-146.1)

In this act:

&#8220;Child&#8221; means an individual who has not attained eighteen years of
age.

&#8220;Child custody determination&#8221; 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, or modification order. The term does not include an order relating to
child support or other monetary obligation of an individual.

&#8220;Child custody proceeding&#8221; 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 Article 3 (§ 20-146.22 et seq.) of this
chapter.

&#8220;Commencement&#8221; means the filing of the first pleading in a
proceeding.

&#8220;Court&#8221; means a court of competent jurisdiction as determined by
otherwise applicable Virginia law to establish, enforce, or modify a child
custody determination or an entity authorized under the law of another state to
establish, enforce or modify a child custody determination.

&#8220;Home state&#8221; means the state in which a child lived with a parent or
a person acting as a parent for at least six consecutive months immediately
before the commencement of a child custody proceeding. In the case of a child
less than six 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.

&#8220;Initial determination&#8221; means the first child custody determination
concerning a particular child.

&#8220;Issuing court&#8221; means the court that makes a child custody
determination for which enforcement is sought under this act.

&#8220;Issuing state&#8221; means the state in which a child custody
determination is made.

&#8220;Modification&#8221; 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.

&#8220;Person&#8221; 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.

&#8220;Person acting as a parent&#8221; means a person, other than a parent, who
has (i) physical custody of the child or has had physical custody for a period
of six consecutive months, including any temporary absence, within one year
immediately before the commencement of a child custody proceeding and (ii) been
awarded legal custody by a court or claims a right to legal custody under the
laws of this Commonwealth.

&#8220;Physical custody&#8221; means the physical care and supervision of a
child.

&#8220;State&#8221; 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.

&#8220;Tribe&#8221; means an Indian tribe or band, or Alaskan Native village,
which is recognized by federal law or formally acknowledged by a state.

HISTORY: 1979, c. 229, § 20-125; 2001, c. 305.