LD 432
pg. 22
Page 21 of 63 An Act to Adopt the Uniform Child Custody Jurisdiction and Enforcement Act ... Page 23 of 63
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LR 316
Item 1

 
proceeding and the child is absent from this State but a
parent or person acting as a parent continues to live in this
State;

 
B.__A court of another state does not have jurisdiction
under paragraph A 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 1751
or 1752 and:

 
(1)__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

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

 
C.__All courts having jurisdiction under paragraph A or B
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 1751 or
1752; or

 
D.__No court of any other state would have jurisdiction
under the criteria specified in paragraph A, B or C.

 
2.__Exclusive jurisdictional basis.__Subsection 1 is the
exclusive jurisdictional basis for making a child custody
determination by a court of this State.

 
3.__Physical presence or personal jurisdiction not necessary
or sufficient.__Physical presence of or personal jurisdiction
over a party or a child is not necessary or sufficient to make a
child custody determination.

 
Uniform Comment

 
This section provides mandatory jurisdictional rules for the
original child custody proceeding. It generally continues the
provisions of the UCCJA § 3. However, there have been a number
of changes to the jurisdictional bases.

 
1. Home State Jurisdiction. The jurisdiction of the home
State has been prioritized over other jurisdictional bases.
Section 3 of the UCCJA provided four independent and concurrent
bases of jurisdiction. The PKPA provides that full faith and
credit can only be given to an initial custody determination of a
"significant connection" State when there is no home State. This


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