| | |
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. |
|
| | | 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 |
|
|