§ 1032 - Jurisdiction - Vermont Statutes

§ 1032. Jurisdiction

(a) 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:

(1) this state:

(A) is the home state of the child at the time of commencement of the proceeding; or

(B) 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 his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state; or

(2) it is in the best interest of the child that a court of this state assume jurisdiction because:

(A) the child and his parents, or the child and at least one contestant, have a significant connection with this state; and

(B) there is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or

(3) the child is physically present in this state, and:

(A) the child has been abandoned; or

(B) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or

(4) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with subdivisions (1), (2), or (3) of this subsection, or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction.

(b) 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, except under subdivisions (3) and (4) of subsection (a) of this section (and then only when the conditions in the subdivision are met).

(c) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody. (Added 1979, No. 136 (Adj. Sess.), § 2.)