Neb. Rev. Stat. §§ 43-4602

Current with changes through the 2024 First Special Legislative Session

Section 43-4602 - Terms, defined

In the Uniform Deployed Parents Custody and Visitation Act:

(1) Adult means an individual who has attained nineteen years of age or an emancipated minor;

(2) Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation;

(3) Child means:

(A) an unemancipated individual who has not attained nineteen years of age; or

(B) an adult son or daughter by birth or adoption, or under law of this state other than the act, who is the subject of a court order concerning custodial responsibility;

(4) Court means a tribunal, including an administrative agency, authorized under law of this state other than the act to make, enforce, or modify a decision regarding custodial responsibility;

(5) Custodial responsibility includes all powers and duties relating to caretaking authority and decisionmaking authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child;

(6) Decisionmaking authority means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority;

(7) Deploying parent means a service member, who is deployed or has been notified of impending deployment, and is:

(A) a parent of a child under law of this state other than the act; or

(B) an individual who has custodial responsibility for a child under law of this state other than the act;

(8) Deployment means the movement or mobilization of a service member for more than ninety days but less than eighteen months pursuant to uniformed service orders that:

(A) are designated as unaccompanied;

(B) do not authorize dependent travel; or

(C) otherwise do not permit the movement of family members to the location to which the service member is deployed;

(9) Family member means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than the act;

(10) Limited contact means the authority of a nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the residence of the child;

(11) Nonparent means an individual other than a deploying parent or other parent;

(12) Other parent means an individual who, in common with a deploying parent, is:

(A) a parent of a child under law of this state other than the act; or

(B) an individual who has custodial responsibility for a child under law of this state other than the act;

(13) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(14) Return from deployment means the conclusion of a service member's deployment as specified in uniformed service orders;

(15) Service member means a member of a uniformed service;

(16) Sign means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process;

(17) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and

(18) Uniformed service means:

(A) active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(B) the United States Merchant Marine;

(C) the commissioned corps of the United States Public Health Service;

(D) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(E) the National Guard of a state.

Neb. Rev. Stat. §§ 43-4602

Laws 2015, LB 219, § 2.

Added by Laws 2015, LB 219,§ 2, eff. 1/1/2016.