This section identifies the various roles a tribunal of the forum may serve; as appropriate, it may act as either an initiating or a responding tribunal. Under UIFSA a tribunal may serve as a responding tribunal even when there is no initiating tribunal in another State. This accommodates the direct filing of a proceeding in a responding tribunal by a nonresident.

§2964.__Simultaneous proceedings

1.__Exercise of jurisdiction when filed in another state.__A tribunal of this State may exercise jurisdiction to establish a support order when the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:

A.__The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

B.__The contesting party timely challenges the exercise of jurisdiction in the other state; and

C.__When relevant, this State is the home state of the child.

2.__Jurisdiction may not be exercised when filed in another state.__A tribunal of this State may not exercise jurisdiction to establish a support order when the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

A.__The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;

B.__The contesting party timely challenges the exercise of jurisdiction in this State; and

C.__When relevant, the other state is the home state of the child.

Uniform Comment

(This is Section 204 of the Uniform Act.)