25-1034. Temporary emergency
jurisdiction
A. 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 because the child, or a sibling or parent of the child, is subjected
to or threatened with mistreatment or abuse.
B. If there is no previous child custody determination that is entitled to be
enforced under this chapter and a child custody proceeding has not been commenced in a
court of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, 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 section 25-1031, 25-1032 or
25-1033. If a child custody proceeding has not been or is not commenced in a court of a
state having jurisdiction under section 25-1031, 25-1032 or 25-1033, 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.
C. If there is a previous child custody determination that is entitled to be
enforced under this chapter or a child custody proceeding has been commenced in a court
of a state having jurisdiction under section 25-1031, 25-1032 or 25-1033, 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 section 25-1031, 25-1032 or 25-1033. 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.
D. A court of this state that has been asked to make a child custody determination
under this section, on 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 section 25-1031, 25-1032 or 25-1033, shall immediately communicate
with the other court. A court of this state that exercises jurisdiction pursuant to
section 25-1031, 25-1032 or 25-1033, on 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.
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