§ 31-21-5-1 — Jurisdiction requirements

Indiana § 31-21-5-1

• Jurisdiction: Indiana
• Art. 21: UNIFORM CHILD CUSTODY JURISDICTION
• Ch. 5: Jurisdiction

Text

(a) Except as otherwise provided in section 4
of this chapter, an Indiana court has jurisdiction to make an initial child
custody determination only if one (1) of the following applies:
(1) Indiana 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 (6) months before the commencement of the
proceeding, and the child is absent from Indiana but a parent or
person acting as a parent continues to live in Indiana.
(2) A court of another state does not have jurisdiction under
subdivision (1) or a court of the home state of the child has
declined to exercise jurisdiction on the ground that Indiana is the
more appropriate forum under section 8 or 9 of this chapter, and:
(A) the child and the child's parents, or the child and at least
one (1) parent or person acting as a parent, have a significant
connection with Indiana other than mere physical presence; and
(B) substantial evidence is available in Indiana concerning the
child's care, protection, training, and personal relationships.
(3) All courts having jurisdiction under subdivision (1) or (2)
have declined to exercise jurisdiction on the ground that an
Indiana court is the more appropriate forum to determine the
custody of the child under section 8 or 9 of this chapter.
(4) No court of any other state would have jurisdiction under the
criteria specified in subdivision (1), (2), or (3).
(b) The jurisdictional requirements described in this section provide
the exclusive jurisdictional basis for making a child custody
determination by an Indiana court.
(c) Physical presence of, or personal jurisdiction over, a party or a
child is not necessary or sufficient to make a child custody
determination.

Legislative History

As added by P.L.138-2007, SEC.45.