Vermont Statutes Title 15 Sec. 1074
Terms Used In Vermont Statutes Title 15 Sec. 1074
- Abandoned: means left without provision for reasonable and necessary care or supervision. See
- Child: means an individual who has not attained 18 years of age. See
- 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
- Child custody proceeding: means a proceeding in which legal custody or parental rights, physical custody, or visitation or parent child contact with respect to a child is an issue. See
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See
- 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. See
- 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, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See
- State: means a state of the United States, the District of Columbia, Puerto Rico, the U. See
- Statute: A law passed by a legislature.
§ 1074. Temporary emergency jurisdiction
(a) A Vermont court has temporary emergency jurisdiction if the child is present in Vermont, 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.
(b) If there is no previous child custody determination that is entitled to be enforced under this chapter, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, 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 sections 1071-1073 of this title. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, a child custody determination made under this section becomes a final determination, if it so provides, and Vermont becomes the home state of the child.
(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 1071-1073 of this title, any order issued by a Vermont court under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 1071-1073 of this title. The order issued in Vermont remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A Vermont court that has been asked to make a child custody determination under this section upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 1071-1073 of this title shall immediately communicate with the other court. A Vermont court that is exercising jurisdiction pursuant to sections 1071-1073 of this title, upon being 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, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. (Added 2011, No. 29, § 1.)