75-5b-202 - Jurisdiction.
75-5b-202. Jurisdiction.
A court of this state has jurisdiction to appoint a guardian or issue a protective order for arespondent if:
(1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(a) the respondent does not have a home state or a court of the respondent's home statehas declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) the respondent has a home state, a petition for an appointment or order is not pendingin a court of that state or another significant-connection state, and, before the court makes theappointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent's home state;
(ii) an objection to the court's jurisdiction is not filed by a person required to be notifiedof the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors setforth in Section 75-5b-205;
(3) this state does not have jurisdiction under either Subsection (1) or (2), therespondent's home state and all significant-connection states have declined to exercisejurisdiction because this state is the more appropriate forum, and jurisdiction in this state isconsistent with the constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under Section 75-5b-204 are met.
Enacted by Chapter 253, 2008 General Session