1998 Minnesota Statutes

     518A.03 Jurisdiction. 

    Subdivision 1.  A court of this state which is competent to 
 decide child custody matters has jurisdiction to make a child 
 custody determination by initial or modification decree if: 

    (a) this state (1) is the home state of the child at the 
 time of commencement of the proceeding, or (2) had been the 
 child's home state within six months before commencement of the 
 proceeding and the child is absent from this state because of 
 removal or retention by a person claiming custody or for other 
 reasons, and a parent or person acting as parent continues to 
 live in this state; or 

    (b) it is in the best interest of the child that a court of 
 this state assume jurisdiction because (1) the child and the 
 parents, or the child and at least one contestant, have a 
 significant connection with this state, and (2) there is 
 available in this state substantial evidence concerning the 
 child's present or future care, protection, training, and 
 personal relationships; or 

    (c) the child is physically present in this state and (1) 
 the child has been abandoned or (2) it is necessary in an 
 emergency to protect the child because the child has been 
 subjected to or threatened with mistreatment or abuse or is 
 otherwise neglected or dependent; or 

    (d) (1) it appears that no court in another state would 
 have jurisdiction under prerequisites substantially in 
 accordance with clause (a), (b), or (c), or a court of another 
 state has 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, and (2) it is in the best interest of 
 the child that a court of this state assume jurisdiction. 

    Subd. 2.  Except under clauses (c) and (d) of subdivision 
 1, physical presence in this state of the child, or of the child 
 and one of the contestants, is not alone sufficient to confer 
 jurisdiction on a court of this state to make a child custody 
 determination. 

    Subd. 3.  Physical presence of the child, while desirable, 
 is not a prerequisite for jurisdiction to determine custody. 

    HIST: 1977 c 8 s 3; 1986 c 444