Interstate "Full Faith and Credit" Custody Law

Section 1738A. Full faith and credit given to child custody determinations
      (a) The appropriate authorities of every State shall enforce
    according to its terms, and shall not modify except as provided in
    subsections (f), (g), and (h) of this section, any custody
    determination or visitation determination made consistently with
    the provisions of this section by a court of another State.
      (b) As used in this section, the term -
        (1) ''child'' means a person under the age of eighteen;
        (2) ''contestant'' means a person, including a parent or
      grandparent, who claims a right to custody or visitation of a
      child;
        (3) ''custody determination'' means a judgment, decree, or
      other order of a court providing for the custody of a child, and
      includes permanent and temporary orders, and initial orders and
      modifications;
        (4) ''home State'' means the State in which, immediately
      preceding the time involved, the child lived with his parents, a
      parent, or a person acting as parent, for at least six
      consecutive months, and in the case of a child less than six
      months old, the State in which the child lived from birth with
      any of such persons.  Periods of temporary absence of any of such
      persons are counted as part of the six-month or other period;
        (5) ''modification'' and ''modify'' refer to a custody or
      visitation determination which modifies, replaces, supersedes, or
      otherwise is made subsequent to, a prior custody or visitation
      determination concerning the same child, whether made by the same
      court or not;
        (6) ''person acting as a parent'' means a person, other than a
      parent, who has physical custody of a child and who has either
      been awarded custody by a court or claims a right to custody;
        (7) ''physical custody'' means actual possession and control of
      a child;
        (8) ''State'' means a State of the United States, the District
      of Columbia, the Commonwealth of Puerto Rico, or a territory or
      possession of the United States; and
        (9) ''visitation determination'' means a judgment, decree, or
      other order of a court providing for the visitation of a child
      and includes permanent and temporary orders and initial orders
      and modifications.
      (c) A child custody or visitation determination made by a court
    of a State is consistent with the provisions of this section only
    if -
        (1) such court has jurisdiction under the law of such State;
      and
        (2) one of the following conditions is met:
          (A) such State (i) is the home State of the child on the date
        of the commencement of the proceeding, or (ii) had been the
        child's home State within six months before the date of the
        commencement of the proceeding and the child is absent from
        such State because of his removal or retention by a contestant
        or for other reasons, and a contestant continues to live in
        such State;
          (B)(i) it appears that no other State would have jurisdiction
        under subparagraph (A), and (ii) it is in the best interest of
        the child that a court of such State assume jurisdiction
        because (I) the child and his parents, or the child and at
        least one contestant, have a significant connection with such
        State other than mere physical presence in such State, and (II)
        there is available in such State substantial evidence
        concerning the child's present or future care, protection,
        training, and personal relationships;
          (C) the child is physically present in such State and (i) the
        child has been abandoned, or (ii) it is necessary in an
        emergency to protect the child because the child, a sibling, or
        parent of the child has been subjected to or threatened with
        mistreatment or abuse;
          (D)(i) it appears that no other State would have jurisdiction
        under subparagraph (A), (B), (C), or (E), or another State has
        declined to exercise jurisdiction on the ground that the State
        whose jurisdiction is in issue is the more appropriate forum to
        determine the custody or visitation of the child, and (ii) it
        is in the best interest of the child that such court assume
        jurisdiction; or
          (E) the court has continuing jurisdiction pursuant to
        subsection (d) of this section.
      (d) The jurisdiction of a court of a State which has made a child
    custody or visitation determination consistently with the
    provisions of this section continues as long as the requirement of
    subsection (c)(1) of this section continues to be met and such
    State remains the residence of the child or of any contestant.
      (e) Before a child custody or visitation determination is made,
    reasonable notice and opportunity to be heard shall be given to the
    contestants, any parent whose parental rights have not been
    previously terminated and any person who has physical custody of a
    child.
      (f) A court of a State may modify a determination of the custody
    of the same child made by a court of another State, if -
        (1) it has jurisdiction to make such a child custody
      determination; and
        (2) the court of the other State no longer has jurisdiction, or
      it has declined to exercise such jurisdiction to modify such
      determination.
      (g) A court of a State shall not exercise jurisdiction in any
    proceeding for a custody or visitation determination commenced
    during the pendency of a proceeding in a court of another State
    where such court of that other State is exercising jurisdiction
    consistently with the provisions of this section to make a custody
    or visitation determination.
      (h) A court of a State may not modify a visitation determination
    made by a court of another State unless the court of the other
    State no longer has jurisdiction to modify such determination or
    has declined to exercise jurisdiction to modify such determination.