38-1348.Initial child-custodyjurisdiction.(UCCJEA 201). (a) Except as otherwise provided in K.S.A. 38-1351and amendments thereto, a court of this state has jurisdiction to make aninitial child-custody determination only if:
(1) This state is the home state of the child on the date of the commencementof the proceeding, or was the home state of the child withinsix months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continuesto 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 exercisejurisdiction on the ground that this state is the more appropriate forumunder K.S.A. 38-1354 or 38-1355 and amendments thereto, and:
(A) The child and the child's parents, or the child and at least one parentor a person acting as a parent, have a significant connection with this stateother than mere physical presence; and
(B) substantial evidence is available in this state concerning the child'scare, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) havedeclined to exercise jurisdiction on the ground that a court of this state isthe more appropriate forum to determine the custody of the child underK.S.A. 38-1354 or 38-1355 and amendments thereto; or
(4) no court of any other state would have jurisdiction under thecriteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making achild-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or achild is not necessary or sufficient to make a child-custody determination.
38-1348.Initial child-custodyjurisdiction.(UCCJEA 201). (a) Except as otherwise provided in K.S.A. 38-1351and amendments thereto, a court of this state has jurisdiction to make aninitial child-custody determination only if:
(1) This state is the home state of the child on the date of the commencementof the proceeding, or was the home state of the child withinsix months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continuesto 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 exercisejurisdiction on the ground that this state is the more appropriate forumunder K.S.A. 38-1354 or 38-1355 and amendments thereto, and:
(A) The child and the child's parents, or the child and at least one parentor a person acting as a parent, have a significant connection with this stateother than mere physical presence; and
(B) substantial evidence is available in this state concerning the child'scare, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) havedeclined to exercise jurisdiction on the ground that a court of this state isthe more appropriate forum to determine the custody of the child underK.S.A. 38-1354 or 38-1355 and amendments thereto; or
(4) no court of any other state would have jurisdiction under thecriteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making achild-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or achild is not necessary or sufficient to make a child-custody determination.
38-1348.Initial child-custodyjurisdiction.(UCCJEA 201). (a) Except as otherwise provided in K.S.A. 38-1351and amendments thereto, a court of this state has jurisdiction to make aninitial child-custody determination only if:
(1) This state is the home state of the child on the date of the commencementof the proceeding, or was the home state of the child withinsix months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continuesto 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 exercisejurisdiction on the ground that this state is the more appropriate forumunder K.S.A. 38-1354 or 38-1355 and amendments thereto, and:
(A) The child and the child's parents, or the child and at least one parentor a person acting as a parent, have a significant connection with this stateother than mere physical presence; and
(B) substantial evidence is available in this state concerning the child'scare, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) havedeclined to exercise jurisdiction on the ground that a court of this state isthe more appropriate forum to determine the custody of the child underK.S.A. 38-1354 or 38-1355 and amendments thereto; or
(4) no court of any other state would have jurisdiction under thecriteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making achild-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or achild is not necessary or sufficient to make a child-custody determination.
