Title 25 — Marital and Domestic Relations

[Repealed or reserved.]

1. "Abandoned" means left without provision for reasonable and necessary care or supervision. 2. "Child" has the same meaning prescribed in section 1-215. 3. "Child custody determination": (a) Means any judgment, decree or other order of a court, including a permanent, temporary,…

[Repealed or reserved.]

B. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this article and article 2 of this chapter. C. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdic…

B. Except as otherwise provided in subsection C, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article 3 of this chapter. C. A c…

[Repealed or reserved.]

[Repealed or reserved.]

B. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. C. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

B. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party who is present in this state and who is subject to the jurisdiction of another state is not immune from service o…

A. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. B. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given t…

A. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony t…

A. A court of this state may request the appropriate court of another state to: 1. Hold an evidentiary hearing. 2. Order a person to produce or give evidence pursuant to procedures of that state. 3. Order that an evaluation be made with respect to the custody of a child involved …

Notwithstanding section 25-1002, if this state is the home state of a child at the time of the military deployment of that child's custodial parent outside of the United States and the child is relocated outside of the United States during the deployment, this state remains the h…

1. This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continu…

A. Except as otherwise provided in section 25-1034, a court of this state that has made a child custody determination consistent with section 25-1031 or 25-1033 has exclusive, continuing jurisdiction over the determination until either of the following is true: 1. A court of this…

1. The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 25-1032 or that a court of this state would be a more convenient forum under section 25-1037. 2. A court of this state or a court of the other state determines that t…

A. 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 …

B. This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. C. The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law …

B. Except as otherwise provided in section 25-1034, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 25-1039. If the court determines that a child custody proceedi…

B. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all releva…

A. Except as otherwise provided in section 25-1034, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless any of the follow…

1. Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, shall identify the court, the case number and the date of the child custody determination, if any. 2. Knows of any proce…

A. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the ch…

1. "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. 2. "Respondent" means a person against whom a proceeding has…

[Repealed or reserved.]

B. A court of this state may use any remedy available under any other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce …

1. A visitation schedule made by a court of another state. 2. The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. B. If a court of this state makes an order under subsection A, paragraph 2, it shall…

1. A letter or another document requesting registration. 2. Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order ha…

B. A court of this state shall recognize and enforce, but shall not modify, except in accordance with article 2 of this chapter, a registered child custody determination of a court of another state.

[Repealed or reserved.]

A. A petition under this article must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. B. A petition for enf…

[Repealed or reserved.]

1. The child custody determination has not been registered and confirmed under section 25-1053 and that any of the following is true: (a) The issuing court did not have jurisdiction under article 2 of this chapter. (b) The child custody determination for which enforcement is soug…

B. If on the testimony of the petitioner or any other witness, the court finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next j…

A. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the…

[Repealed or reserved.]

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 25-1034, the enforcing court shall not stay an order enforcing a …

1. An existing child custody determination. 2. A request to do so from a court in a pending child custody proceeding. 3. A reasonable belief that a criminal statute has been violated. 4. A reasonable belief that the child has been wrongfully removed or retained in violation of th…

At the request of the attorney general who acts pursuant to section 25-1065, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party to assist the attorney general.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney general and law enforcement officers who act pursuant to section 25-1065 and 25-1066.