In the Uniform Child Custody Jurisdiction and Enforcement Act:
(1) Abandoned means left without provision for reasonable and necessary care or supervision.
(2) Child means an individual who has not attained eighteen 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. 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.
(4) 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 43-1248 to 43-1264.
(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 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.
(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 the Uniform Child Custody Jurisdiction and Enforcement Act.
(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 consecutive months, including any temporary absence, within one 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) Physical custody means the physical care and supervision of a child.
(15) 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.
(16) Tribe means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.
(17) Warrant means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Notes of Decisions
Cited in
33
cases (
3 in the last 5 years), 2005–2025 · leading case:
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
· cites it 7× “Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
· cites it 7× “Although § 43-1227 includes periods of "temporary absence" in the calculation of the 6-month period, there was no evidence the move to Kansas was temporary.”
Carter v. Carter, 758 N.W.2d 1 (Neb. 2008).
· cites it 7× “[11] We first note that although Stuart emphasizes that portion of § 43-1227 which refers to children under 6 months of age, the statement that "[i]n the case of a child less than six months of age, [home state] means the state in which the child lived from birth" clearly refers…”
Gonzalez v. State (In Re Carlos D.), 300 Neb. 646 (Neb. 2018).
· cites it 3× “§ 43-1227 (4) (Reissue 2016) (concerning "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue," including a proceeding for guardianship in which the issue may appear). Elsewhere, the statutes provide that a "[c]hild custody…”
Westerhold v. Dutton, 28 Neb. Ct. App. 17 (Neb. Ct. App. 2020).
· cites it 8× “” Jeremy cites to Neb. Rev. Stat. § 43-1227 (3) (Reissue 2016) in his assertion that the Farnsworth removal analysis applies here because there has been a prior adjudication in this case.”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
· cites it 4× “Similarly, "[c]hild custody proceeding" is defined under Neb. Rev. Stat. § 43-1227 (4) (Reissue 2016) of the UCCJEA as "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”
Alberto v. State (In Re Luis J.), 300 Neb. 659 (Neb. 2018).
· cites it 3× “See Neb. Rev. Stat. § 43-1227 (4) (Reissue 2016) (concerning "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue," including a proceeding for guardianship in which the issue may appear).”
State v. Lloyd T., 721 N.W.2d 676 (Neb. Ct. App. 2006).
· cites it 4× “Whatever the effect of the juvenile court’s verbal statement, we find that a case brought under § 43-247(3)(a) fits the definition of a “[cjhild custody proceeding” under the UCCJEA, see § 43-1227(4), and that therefore, the UCCJEA is applicable.”
Simms v. Friel, 25 Neb. Ct. App. 640 (Neb. Ct. App. 2018).
· cites it 7× “In support of her argument that the district court had author- ity to issue a temporary order for grandparent visitation, Simms argues that Neb. Rev. Stat. § 43-1227 (3) (Reissue 2016) defines “[c]hild custody determination” as an order “providing for the legal custody, physical…”
Simms ex rel. Friel v. Friel, 911 N.W.2d 636 (Neb. Ct. App. 2018).
· cites it 7× “In support of her argument that the district court had authority to issue a temporary order for grandparent visitation, Simms argues that Neb. Rev. Stat. § 43-1227 (3) (Reissue 2016) defines "[c]hild custody determination" as an order "providing for the legal custody, physical…”
Coleman v. Kahler, 766 N.W.2d 142 (Neb. Ct. App. 2009).
· cites it 2× “" Neb.Rev.Stat. § 43-1227(3) (Reissue 2008).”
— Neb. Rev. Stat. § 43-1227(13) — 4 cases
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
“Although § 43-1227 includes periods of "temporary absence" in the calculation of the 6-month period, there was no evidence the move to Kansas was temporary.”
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
— Neb. Rev. Stat. § 43-1227(13)(A) — 2 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
— Neb. Rev. Stat. § 43-1227(13)(B) — 2 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
— Neb. Rev. Stat. § 43-1227(2) — 1 case
— Neb. Rev. Stat. § 43-1227(3) — 11 cases
Westerhold v. Dutton, 28 Neb. Ct. App. 17 (Neb. Ct. App. 2020).
“” Jeremy cites to Neb. Rev. Stat. § 43-1227 (3) (Reissue 2016) in his assertion that the Farnsworth removal analysis applies here because there has been a prior adjudication in this case.”
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
Coleman v. Kahler, 766 N.W.2d 142 (Neb. Ct. App. 2009).
“" Neb.Rev.Stat. § 43-1227(3) (Reissue 2008).”
Gonzalez v. State (In Re Carlos D.), 300 Neb. 646 (Neb. 2018).
“§ 43-1227 (4) (Reissue 2016) (concerning "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue," including a proceeding for guardianship in which the issue may appear). Elsewhere, the statutes provide that a "[c]hild custody…”
Alberto v. State (In Re Luis J.), 300 Neb. 659 (Neb. 2018).
“See Neb. Rev. Stat. § 43-1227 (4) (Reissue 2016) (concerning "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue," including a proceeding for guardianship in which the issue may appear).”
— Neb. Rev. Stat. § 43-1227(4) — 12 cases
State v. Lloyd T., 721 N.W.2d 676 (Neb. Ct. App. 2006).
“Whatever the effect of the juvenile court’s verbal statement, we find that a case brought under § 43-247(3)(a) fits the definition of a “[cjhild custody proceeding” under the UCCJEA, see § 43-1227(4), and that therefore, the UCCJEA is applicable.”
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
“Although § 43-1227 includes periods of "temporary absence" in the calculation of the 6-month period, there was no evidence the move to Kansas was temporary.”
— Neb. Rev. Stat. § 43-1227(5) — 9 cases
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
“Although § 43-1227 includes periods of "temporary absence" in the calculation of the 6-month period, there was no evidence the move to Kansas was temporary.”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
“Similarly, "[c]hild custody proceeding" is defined under Neb. Rev. Stat. § 43-1227 (4) (Reissue 2016) of the UCCJEA as "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”
Westerhold v. Dutton, 28 Neb. Ct. App. 17 (Neb. Ct. App. 2020).
“” Jeremy cites to Neb. Rev. Stat. § 43-1227 (3) (Reissue 2016) in his assertion that the Farnsworth removal analysis applies here because there has been a prior adjudication in this case.”
— Neb. Rev. Stat. § 43-1227(7) — 14 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
Stalder v. Anne T. (In Re S.T.), 300 Neb. 72 (Neb. 2018).
“Although § 43-1227 includes periods of "temporary absence" in the calculation of the 6-month period, there was no evidence the move to Kansas was temporary.”
Carter v. Carter, 758 N.W.2d 1 (Neb. 2008).
“[11] We first note that although Stuart emphasizes that portion of § 43-1227 which refers to children under 6 months of age, the statement that "[i]n the case of a child less than six months of age, [home state] means the state in which the child lived from birth" clearly refers…”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
“Similarly, "[c]hild custody proceeding" is defined under Neb. Rev. Stat. § 43-1227 (4) (Reissue 2016) of the UCCJEA as "a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”
— Neb. Rev. Stat. § 43-1227(8) — 4 cases
DeLima v. Tsevi, 301 Neb. 933 (Neb. 2018).
“Under § 43-1227(13) of the UCCJEA, a person acting as a parent is a person, other than a parent, who: (A) 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…”
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