PART II. 
JURISDICTION



 



[§583A-201]  Initial child-custody
jurisdiction.  (a)  Except as otherwise provided in section 583A-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 a parent or person acting as a parent continues to
live in this State;



(2)  A court of another state does not have
jurisdiction under paragraph (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 583A-207 or 583A-208, and:



(A)  The child and the child's parents, or the
child and at least one parent or a person acting as a parent, have a
significant connection with this State other than mere physical presence; and



(B)  Substantial evidence is available in this
State concerning the child's care, protection, training, and personal
relationships;



(3)  All courts having jurisdiction under paragraph
(1) or (2) have declined to exercise jurisdiction on the ground that a court of
this State is the more appropriate forum to determine the custody of the child
under section 583A-207 or 583A-208; or



(4)  No court of any other state would have
jurisdiction under the criteria specified in paragraph (1), (2), or (3).



(b)  Subsection (a) shall be the exclusive
jurisdictional basis for making a child-custody determination by a court of
this State.



(c)  Physical presence of, or personal
jurisdiction over, a party or a child shall not be necessary or sufficient to
make a  child-custody determination. [L 2002, c 124, pt of §2]