11.02.020 Definitions

For the purpose of this chapter, the following terms are defined except when the specific context indicates otherwise:

(a) "Abandoned" means left without provision for reasonable and necessary care or supervision.

(b) "child" or "children" means any biological or adopted child or children who are under eighteen (18) years of age except for child support purposes.

(c) "child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parenting time 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 parenting time with respect to a child is at issue. The term includes a proceeding for divorce, separation, custody, third party custody, and paternity.

(e) "commencement" means the filing of the first pleading in a proceeding.

(f) "custody" means legal custody or physical custody, or both, as the context requires.

(g) "divorce" means the legal dissolution of a marriage by the Court.

(h) "guardian ad litem" means an adult appointed by the Court to represent the best interests of the child and provide written reports, if required by the Court.

(i) "home jurisdiction" means the jurisdiction in which a child lived with a parent or a parent substitute 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 jurisdiction in which the child lived from birth with a parent. A period of temporary absence of is part of the period.

(j) "Initial determination" means the first child custody determination concerning a particular child.

(k) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under Section 11.02.305.

(l) "legal custody" means a determination as to which parent shall have the decision-making authority as to the important decisions affecting the welfare of a child, including decisions involving education, religion and medical treatment, and includes "joint legal custody" under which legal custody is shared by the parents, a third person or a combination thereof, or "sole legal custody" under which legal custody is held by one parent or a third person.

(m) "marriage" means a contract between two (2) persons, regardless of their sex, creating a union to the exclusion of all others.

(n) "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.

(o) "parent" means the natural or adoptive parent of any child.

(p) "parenting time" means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child's care.

(q) "petition" means a formal application to the Court for divorce or custody or any subsequent proceeding related to a divorce or custody.

(r) "physical custody" means a determination where a child will reside, and includes "joint physical custody" under which a child will reside alternately for specified periods with each Parent, a third party, or a combination thereof, and "sole physical custody" means where a child will reside primarily with one parent or a third person with the other parent or third person having a schedule of parenting time.

(s) "Reservation" means both the Saint Regis Mohawk Indian Tribe Reservation as

established by the 1796 Treaty with the Seven Nations of Canada (7 Stat. 55) and any other lands over which the Tribe exercises jurisdiction now or in the future.

(t) "Tribe" means the Saint Regis Mohawk Tribe.

(u) "Tribal Member" means someone who is enrolled with the Saint Regis Mohawk Tribe or someone who is eligible for enrollment.