78B-13-201. Initial child custody jurisdiction.
(1) Except as otherwise provided in Section 78B-13-204, a court of this state has
jurisdiction to make an initial child custody determination only if:
(a) this state is the home state of the child on the date of the commencement of the
proceeding, or was the home state of the child within six months before the commencement of
the 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 Subsection (1)(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 78B-13-207 or 78B-13-208; and
(i) 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
(ii) substantial evidence is available in this state concerning the child's care, protection,
training, and personal relationships;
(c) all courts having jurisdiction under Subsection (1)(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 78B-13-207 or 78B-13-208; or
(d) no state would have jurisdiction under Subsection (1)(a), (b), or (c).
(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody
determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is neither
necessary nor sufficient to make a child custody determination.
Renumbered and Amended by Chapter 3, 2008 General Session
Download Code Section Zipped WordPerfect 78B13_020100.ZIP 2,487 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009