Section 25.30.300. Initial child custody jurisdiction.

   (a) Except as otherwise provided in AS 25.30.330, 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;
        (2) this state 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;
        (3) a court of another state does not have jurisdiction under provisions substantially similar to (1) or (2) of this subsection, 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 provisions substantially similar to AS 25.30.360 or 25.30.370, and
             (A) 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
             (B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
        (4) all courts having jurisdiction under the criteria specified in (1) - (3) of this subsection 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 provisions substantially similar to AS 25.30.360 or 25.30.370; or
        (5) no court of another state would have jurisdiction under the criteria specified in (1) - (4) of this subsection.
   (b) The provisions of (a) of this section are the exclusive jurisdictional bases 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.

Authorities

25.24.150;25.30.310;25.30.320;25.30.330;25.30.350;25.30.370;25.30.420;25.30.430;25.30.440;25.30.460;25.30.480;25.30.510

Notes

References

AS 25.24.150 Judgments for custody; supervised visitation.
AS 25.30.310 Exclusive, continuing jurisdiction.
AS 25.30.320 Jurisdiction to modify determination.
AS 25.30.330 Temporary emergency jurisdiction.
AS 25.30.350 Simultaneous proceedings.
AS 25.30.370 Jurisdiction declined because of conduct.
AS 25.30.420 Temporary visitation.
AS 25.30.430 Registration of child custody determination.
AS 25.30.440 Enforcement of registered determination.
AS 25.30.460 Expedited enforcement of child custody determination.
AS 25.30.480 Hearing and order.
AS 25.30.510 Recognition and enforcement.

History

(Sec. 2 ch 133 SLA 1998)