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2010 Minnesota Statutes

"Person acting as a parent" means a person, other than a parent, who:
(1) 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
(2)has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(o) "Physical custody" means the physical care and supervision of a child.

2010 Minnesota Statutes

* Child Custody
Recent History
* 1999 518D.105 New 1999 c 74 art 1 s 5-------------------------------------------------
(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 518D.101 to 518D.210.
(b) Except as otherwise provided in paragraph (c), a child custody determination made in a foreign country under factual circumstances in substantialconformity with the jurisdictional standards of this chapter must be recognized and enforced under sections 518D.301 to 518D.317.
(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
(a) In a child custodyproceeding 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 child to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, thecourt may order that a notice given pursuant to section 518D.108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(d) If a partyto a child custody proceeding who is outside this state is directed to appear under paragraph (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
(a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction to make an initial child custody determination only if:
(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 aparent or person acting as a parent continues to live in this state;
(2) a court of another state does not have jurisdiction under clause (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 518D.207 or 518D.208, and:
(i) the child and the child's parents, or the child and at least one parentor a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(ii) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3) all courts having jurisdiction under clause (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the...
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