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Section 36-6-205 - Part definitions — Tennessee Law | CourtGPT
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Tennessee Legal Code

Section 36-6-205 - Part definitions

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As used in this part, unless the context otherwise requires:(1) 'Abandoned' means left without provision for reasonable and necessary care or supervision;(2) 'Child' means an individual who has not attained eighteen (18) years of age;(3) '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. 'Child custody determination' includes a permanent, temporary, initial, and modification order. 'Child custody determination' does not include an order relating to child support or other monetary obligation of an individual;(4) 'Child custody proceeding' means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. 'Child custody proceeding' 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. 'Child custody proceeding' does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part 3 of this chapter;(5) 'Commencement' means the

may appear. 'Child custody proceeding' does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under part 3 of this chapter;(5) 'Commencement' means the filing of the first pleading in a proceeding;(6) 'Court' means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination;(7) 'Home state' means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, 'home state' 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;(8) 'Initial determination' means the first child custody determination concerning a particular child;(9) 'Issuing court' means the court that makes a child custody determination for which enforcement is sought under this part;(10) 'Issuing state' means the state in which a child custody determination is made;(11) 'Modification' means a child custody determination that

nation for which enforcement is sought under this part;(10) 'Issuing state' means the state in which a child custody determination is made;(11) '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;(12) '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;(13) 'Person acting as a parent' means a person, other than a parent, who: (A) Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and(B) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state;(14) 'Petitioner' means a person who seeks enforcement of an order for return of a child under the Hague Convention on the

dy by a court or claims a right to legal custody under the law of this state;(14) 'Petitioner' means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;(15) 'Physical custody' means the physical care and supervision of a child;(16) 'Respondent' means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;(17) '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;(18) 'Tribe' means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state; and(19) 'Warrant' means an order issued by a court authorizing law enforcement officers to take physical custody of a child.Acts 1999, ch. 389, § 6.