§ 15-14.1-13 - Initial child custody jurisdiction.
SECTION 15-14.1-13
§ 15-14.1-13 Initial child custodyjurisdiction. – (a) Except as otherwise provided, a court of this state has jurisdiction tomake an initial child custody determination only if:
(1) This state is the home state of the child on the date ofthe commencement of the proceeding, or was the home state of the child withinsix (6) months before the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continues tolive in this state;
(2) A court of another state does not have jurisdiction undersubdivision (1) of this subsection, or a court of the home state of the childhas declined to exercise jurisdiction on the ground that this state is the moreappropriate forum and:
(i) The child and the child's parents, or the child and atleast one parent or a person acting as a parent, have a significant connectionwith this state other than mere physical presence; and
(ii) Substantial evidence is available in this stateconcerning the child's care, protection, training, and personal relationships;
(3) All courts having jurisdiction under subdivision (1) or(2) of this subsection have declined to exercise jurisdiction on the groundthat a court of this state is the more appropriate forum to determine thecustody of the child; or
(4) No court of any other state would have jurisdiction underthe criteria specified in subdivision (1), (2), or (3) of this subsection.
(b) Subsection (a) of this section is the exclusivejurisdictional basis for making a child custody determination by a court ofthis state.
(c) Physical presence of, or personal jurisdiction over, aparty or a child is not necessary or sufficient to make a child custodydetermination.