Maine Revised Statutes Title 19-A Sec. 1746 – Exclusive, continuing jurisdiction
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1. Exclusive, continuing jurisdiction. Except as otherwise provided in section 1748, a court of this State that has made a child custody determination consistent with section 1745 or 1747 has exclusive, continuing jurisdiction over the determination until:
A. A court of this State determines that neither the child, nor the child and one 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 [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
B. 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. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 1746
- Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 19-A Sec. 1732
- 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. See Maine Revised Statutes Title 19-A Sec. 1732
- Court: means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. See Maine Revised Statutes Title 19-A Sec. 1732
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Initial determination: means the first child custody determination concerning a particular child. See Maine Revised Statutes Title 19-A Sec. 1732
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Maine Revised Statutes Title 19-A Sec. 1732
- Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
- 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. See Maine Revised Statutes Title 19-A Sec. 1732
- Person acting as a parent: means a person, other than a parent, who:
A. See Maine Revised Statutes Title 19-A Sec. 1732State: 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. See Maine Revised Statutes Title 19-A Sec. 1732
2. Modification without exclusive, continuing jurisdiction. A court of this State that 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 section 1745.
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).