2009 New Hampshire Statutes
TITLE XLIII — DOMESTIC RELATIONS (Includes Chapters 457 - 461-A)
CHAPTER 458-A [1] — UNIFORM CHILD CUSTODY JURISDICTION ACT
Section 458-A:3 Jurisdiction to Make Child Custody Determinations.
I. 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 only when:
(a) This state (1) is the home state of the child at the time of commencement of the custody proceeding; or (2) has been the child's home state within 6 months before commencement of such 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
(b) It is in the best interest of the child that a court of this state assume jurisdiction because (1) the child and his parents, or the child and at least one contestant, have a significant connection with this state, and (2) there is within the jurisdiction of the court 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; or
(d) (1) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with subparagraph (a), (b), or (c), 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 (2) it is in the best interest of the child that this court assume jurisdiction.
II. Except under subparagraphs I(c) and (d), 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.
III. Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.
Source. 1979, 345:1, eff. Sept. 1, 1979.
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