|
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 |
|
|