518D.201 INITIAL CHILD CUSTODY JURISDICTION.
(a) Except as otherwise provided in section
, a court of this state has jurisdiction to
make an initial child custody determination only if:
(1) 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;
(2) a court of another state does not have jurisdiction under clause (1), 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
(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;
(3) all courts having jurisdiction under clause (1) or (2) 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
(4) no court of any other state would have jurisdiction under the criteria specified in clause
(1), (2), or (3).
(b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or
sufficient to make a child custody determination.
History: 1999 c 74 s 1