§ 50A-201. Initial child-custody jurisdiction. - North Carolina Statutes

Part 2.Jurisdiction.

§ 50A‑201.  Initialchild‑custody jurisdiction.

(a)        Except as otherwiseprovided in G.S. 50A‑204, a court of this State has jurisdiction to makean initial child‑custody determination only if:

(1)        This State is thehome state of the child on the date of the commencement of the proceeding, orwas the home state of the child within six months before the commencement ofthe proceeding, and the child is absent from this State but a parent or personacting as a parent continues to live in this State;

(2)        A court of anotherstate does not have jurisdiction under subdivision (1), or a court of the homestate of the child has declined to exercise jurisdiction on the ground thatthis State is the more appropriate forum under G.S. 50A‑207 or G.S. 50A‑208,and:

a.         The child and thechild's parents, or the child and at least one parent or a person acting as aparent, have a significant connection with this State other than mere physicalpresence; and

b.         Substantial evidenceis available in this State concerning the child's care, protection, training,and personal relationships;

(3)        All courts havingjurisdiction under subdivision (1) or (2) have declined to exercisejurisdiction on the ground that a court of this State is the more appropriateforum to determine the custody of the child under G.S. 50A‑207 or G.S.50A‑208; or

(4)        No court of anyother state would have jurisdiction under the criteria specified in subdivision(1), (2), or (3).

(b)        Subsection (a) isthe exclusive jurisdictional basis for making a child‑custodydetermination by a court of this State.

(c)        Physical presenceof, or personal jurisdiction over, a party or a child is not necessary orsufficient to make a child‑custody determination. (1979,c. 110, s. 1; 1999‑223, s. 3.)