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This entry was published on 2014-09-22
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SECTION 76-C
Temporary emergency jurisdiction
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 2
§ 76-c. Temporary emergency jurisdiction. 1. 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, a sibling or parent of the child.

2. If there is no previous child custody determination that is
entitled to be enforced under this article and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under sections seventy-six through seventy-six-b 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 seventy-six through seventy-six-b of this
title. Where the child who is the subject of a child custody
determination under this section is in imminent risk of harm, any order
issued under this section shall remain in effect until a court of a
state having jurisdiction under sections seventy-six through
seventy-six-b of this title has taken steps to assure the protection of
the child. If a child custody proceeding has not been or is not
commenced in a court of a state having jurisdiction under sections
seventy-six through seventy-six-b of this title, a child custody
determination made under this section becomes a final determination, if
it so provides and this state becomes the home state of the child.

3. If there is a previous child custody determination that is entitled
to be enforced under this article, or a child custody proceeding has
been commenced in a court of a state having jurisdiction under sections
seventy-six through seventy-six-b of this title, any order issued by a
court of this state under this section must 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 seventy-six through seventy-six-b of this title. The order
issued in this state remains in effect until an order is obtained from
the other state within the period specified or the period expires,
provided, however, that where the child who is the subject of a child
custody determination under this section is in imminent risk of harm,
any order issued under this section shall remain in effect until a court
of a state having jurisdiction under sections seventy-six through
seventy-six-b of this title has taken steps to assure the protection of
the child.

4. A court of this state which 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 seventy-six through seventy-six-b of this title, shall
immediately communicate with the other court. A court of this state
which is exercising jurisdiction pursuant to sections seventy-six
through seventy-six-b 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.