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recognizes that States may narrow the class of cases that would be | | subject to exclusive, continuing jurisdiction. However, during the | | transition from the UCCJA to this Act, some States may continue to | | base continuing jurisdiction on the continued presence of a | | contestant, such as a grandparent. The PKPA will require that such | | decisions be enforced. The problem will disappear as States adopt | | this Act to replace the UCCJA. |
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| | | Jurisdiction attaches at the commencement of a proceeding. If | | State A had jurisdiction under this section at the time a | | modification proceeding was commenced there, it would not be lost | | by all parties moving out of the State prior to the conclusion of | | proceeding. State B would not have jurisdiction to hear a | | modification unless State A decided that State B was more | | appropriate under Section 207 [Me. cite section 1751]. |
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| | | Exclusive, continuing jurisdiction is not reestablished if, | | after the child, the parents, and all persons acting as parents | | leave the State, the non-custodial parent returns. As subsection | | (b) [Me. cite subsection 2] provides, once a State has lost | | exclusive, continuing jurisdiction, it can modify its own | | determination only if it has jurisdiction under the standards of | | Section 201 [Me. cite section 1745]. If another State acquires | | exclusive continuing jurisdiction under this section, then its | | orders cannot be modified even if this State has once again | | become the home State of the child. |
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| | | In accordance with the majority of UCCJA case law, the State | | with exclusive, continuing jurisdiction may relinquish | | jurisdiction when it determines that another State would be a | | more convenient forum under the principles of Section 207 [Me. | | cite section 1751]. |
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| | | §1747.__Jurisdiction to modify determination |
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| | | Except as otherwise provided in section 1748, a court of this | | State may not modify a child custody determination made by a | | court of another state unless a court of this State has | | jurisdiction to make an initial determination under section 1745, | | subsection 1, paragraph A or B and: |
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| | | 1.__Jurisdiction of other state; more convenient forum.__The | | court of the other state determines it no longer has exclusive, | | continuing jurisdiction under section 1746 or that a court of | | this State would be a more convenient forum under section 1751; | | or |
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| | | 2.__Not residents of other state.__A court of this State or a | | court of the other state determines that the child, the child's | | parents and any person acting as a parent do not presently reside | | in the other state. |
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