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Minnesota Domestic Abuse Definition

2006 Minnesota Statutes

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518D.102 DEFINITIONS.
(a) The definitions in this section apply to this chapter.
(b) "Abandoned" means left without provision for reasonable and necessary care or
supervision.
(c) "Child" means an individual who has not attained 18 years of age.
(d) "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.
(e) "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
sections 518D.301 to 518D.317.
(f) "Commencement" means the filing of the first pleading in a proceeding.
(g) "Court" means an entity authorized under the law of a state to establish, enforce, or
modify a child custody determination.
(h) "Home state" 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.
(i) "Initial determination" means the first child custody determination concerning a particular
child.
(j) "Issuing court" means the court that makes a child custody determination for which
enforcement is sought under this chapter.
(k) "Issuing state" means the state in which a child custody determination is made.
(l) "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.
(m) "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.
(n) "Person acting as a parent" means a person, other than a parent, who:
(1) has 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
(2) has been awarded legal custody by a court or claims a right to legal custody under
the law of this state.
(o) "Physical custody" means the physical care and supervision of a child.
(p) "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.
(q) "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by
federal law or formally acknowledged by a state.
(r) "Warrant" means an order issued by a court authorizing law enforcement officers to take
physical custody of a child.
History: 1999 c 74 art 1 s 2

Copyright © 2006 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved.