Michigan Laws 722.1204 – Temporary emergency jurisdiction; communication with out-of-state court; duration of order
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(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(2) If there is no previous child-custody determination that is entitled to be enforced under this act and if a child-custody proceeding has not been commenced in a court of a state having jurisdiction under section 201 to 203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under section 201 to 203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under section 201 to 203, a child-custody determination made under this section becomes a final child-custody determination, if that is what the determination provides and this state becomes the home state of the child.
Terms Used In Michigan Laws 722.1204
- Abandoned: means left without provision for reasonable and necessary care or supervision. See Michigan Laws 722.1102
- Child: means an individual who is younger than 18 years of age. See Michigan Laws 722.1102
- Child-custody determination: means a judgment, decree, or other court order providing for legal custody, physical custody, or parenting time with respect to a child. See Michigan Laws 722.1102
- Child-custody proceeding: means a proceeding in which legal custody, physical custody, or parenting time with respect to a child is an issue. See Michigan Laws 722.1102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Michigan Laws 722.1102
- Home state: means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. See Michigan Laws 722.1102
- 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.
- 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. See Michigan Laws 722.1102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 722.1102
- Statute: A law passed by a legislature.
(3) If there is a previous child-custody determination that is entitled to be enforced under this act or if a child-custody proceeding has been commenced in a court of a state having jurisdiction under section 201 to 203, an order issued by a court of this state under this section must specify in the order a period of time that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under section 201 to 203. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(4) If a court of this state that has been asked to make a child-custody determination under this section is informed that a child-custody proceeding has been commenced in, or that a child-custody determination has been made by, a court of a state having jurisdiction under section 201 to 203, the court of this state shall immediately communicate with the other court. If a court of this state that is exercising jurisdiction under section 201 to 203 is informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section, the court of this state shall immediately communicate with the court of the other state. The purpose of a communication under this subsection is to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.