2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5421 - Initial child custody jurisdiction.

                               SUBCHAPTER B
                               JURISDICTION

     Sec.
     5421.  Initial child custody jurisdiction.
     5422.  Exclusive, continuing jurisdiction.
     5423.  Jurisdiction to modify determination.
     5424.  Temporary emergency jurisdiction.
     5425.  Notice; opportunity to be heard; joinder.
     5426.  Simultaneous proceedings.
     5427.  Inconvenient forum.
     5428.  Jurisdiction declined by reason of conduct.
     5429.  Information to be submitted to court.
     5430.  Appearance of parties and child.

        Cross References.  Subchapter B is referred to in sections
     5404, 5405, 5444, 5445, 5446, 5447, 5448, 5450, 5453 of this
     title.
     § 5421.  Initial child custody jurisdiction.
        (a)  General rule.--Except as otherwise provided in section
     5424 (relating to temporary emergency jurisdiction), a court of
     this Commonwealth has jurisdiction to make an initial child
     custody determination only if:
            (1)  this Commonwealth 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 Commonwealth but a parent or person acting as a parent
        continues to live in this Commonwealth;
            (2)  a court of another state does not have jurisdiction
        under paragraph (1) or a court of the home state of the child
        has declined to exercise jurisdiction on the ground that this
        Commonwealth is the more appropriate forum under section 5427
        (relating to inconvenient forum) or 5428 (relating to
        jurisdiction declined by reason of conduct) and:
                (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 Commonwealth
            other than mere physical presence; and
                (ii)  substantial evidence is available in this
            Commonwealth concerning the child's care, protection,
            training and personal relationships;
            (3)  all courts having jurisdiction under paragraph (1)
        or (2) have declined to exercise jurisdiction on the ground
        that a court of this Commonwealth is the more appropriate
        forum to determine the custody of the child under section
        5427 or 5428; or
            (4)  no court of any other state would have jurisdiction
        under the criteria specified in paragraph (1), (2) or (3).
        (b)  Exclusive jurisdictional basis.--Subsection (a) is the
     exclusive jurisdictional basis for making a child custody
     determination by a court of this Commonwealth.
        (c)  Physical presence and personal jurisdiction
     unnecessary.--Physical presence of or personal jurisdiction over
     a party or a child is not necessary or sufficient to make a
     child custody determination.

        Cross References.  Section 5421 is referred to in sections
     5422, 5423, 5424, 5428 of this title.