As used in this part:
(a)“Abandoned” means left without provision for reasonable and necessary care or supervision.
(b)“Child” means an individual who has not attained 18 years of age.
(c)“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.
(d)“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 dissolution of marriage, legal separation of the parties, 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 Chapter 3 (commencing with Section 3441).
(e)“Commencement” means the filing of the first pleading in a proceeding.
(f)“Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(g)“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.
(h)“Initial determination” means the first child custody
determination concerning a particular child.
(i)“Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part.
(j)“Issuing state” means the state in which a child custody determination is made.
(k)“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.
(l)“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(m)“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.
(n)“Physical custody” means the physical care and supervision of a child.
(o)“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.
(p)“Tribe” means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state.
(q)“Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Notes of Decisions
Cited in
64
cases (
11 in the last 5 years), 1994–2026 · leading case:
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
· cites it 4× “See Cal. Fam.Code §§ 3402, 3421 (West 2008). C.”
In Re Claudia S., 31 Cal. Rptr. 3d 697 (Cal. Ct. App. 2005).
· cites it 2× “(Fam.Code, § 3402, subd. (d); In re Stephanie M.”
In Re Karla C., 186 Cal. App. 4th 1236 (Cal. Ct. App. 2010).
· cites it 2× “) Under the UCCJEA, California courts have jurisdiction to make child custody determinations when California is the "home state" of the child on the date of commencement of the proceeding. [22] (Fam. Code, § 3421, subd. (a)(1).”
In Re Stephanie M., 867 P.2d 706 (Cal. 1994).
“) This uniform act provides the exclusive method of determining subject matter jurisdiction in custody cases in California.”
Jeremiah W. Holder v. Carla R. Holder, Jeremiah W. Holder v. Carla R. Holder, 305 F.3d 854 (9th Cir. 2002).
“Although there may be some overlap between the second and third questions and the determinations under California law of a child’s “home state,” see Cal. Fam.Code §§ 3402, 3421, and of the best interest of the child, the Hague Convention inquiries are nevertheless distinct.”
Paillier v. Pence, 144 Cal. App. 4th 461 (Cal. Ct. App. 2006).
· cites it 3× “” (Fam. Code, § 3402, subd. (c).) However, a court that otherwise lacks jurisdiction to modify a child custody determination can make a temporary emergency order “if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect…”
In Re Nada R., 108 Cal. Rptr. 2d 493 (Cal. Ct. App. 2001).
“(Fam.Code, § 3402, subd. (c).) There are different circumstances under which our courts are vested with jurisdiction to make a custody determination under Family Code section 3421.”
Bianka M. v. Superior Court of L. A. Cnty., 423 P.3d 334 (Cal. 2018).
“" ( Fam. Code, § 3402, subd. (a).) Finally, the Court of Appeal asserted that "an order containing SIJ findings will not be useful to Bianka unless it is issued in the context of a bona fide custody proceeding," as opposed to one "brought only to obtain SIJ findings.”
Berwick v. Wagner, 336 S.W.3d 805 (Tex. App. 2011).
“JURISDICTION Berwick next argues that the trial court should not have registered the California judgment because he contends the California court lacked jurisdiction to enter an order containing a custody determination before C.B.W. was born. In support, he points to the Texas…”
In Re the Marriage of Margain & Ruiz-Bours, 372 P.3d 313 (Ariz. Ct. App. 2016).
· cites it 2× “” Cal. Fam. Code § 3402 (g). From October 2010 to August 2011, Sophia lived in Hermosillo, a *378 period of ten consecutive months.”
— Cal. Family Code § 3402(b) — 1 case
Berwick v. Wagner, 336 S.W.3d 805 (Tex. App. 2011).
“JURISDICTION Berwick next argues that the trial court should not have registered the California judgment because he contends the California court lacked jurisdiction to enter an order containing a custody determination before C.B.W. was born. In support, he points to the Texas…”
— Cal. Family Code § 3402(c) — 2 cases
Ak v. Nb, 66 So. 3d 242 (Ala. Civ. App. 2008).
— Cal. Family Code § 3402(g) — 3 cases
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“See Cal. Fam.Code §§ 3402, 3421 (West 2008). C.”
— Cal. Family Code § 3402(h) — 1 case
Angel B. v. Vanessa J., 316 P.3d 1257 (Ariz. Ct. App. 2014).
“See Cal. Fam.Code §§ 3402, 3421 (West 2008). C.”
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