§ 20-5-301 — Initial child custody jurisdiction

Wyoming § 20-5-301

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 5: CHILD CUSTODY
• Art. 3: JURISDICTION

Text

(a) Except as otherwise provided in W.S. 20-5-304, a court
of this state has jurisdiction to make an initial child custody
determination only if:
(i) This state 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 this state but a
parent or person acting as a parent continues to live in this
state;
(ii) A court of another state does not have
jurisdiction under a provision of law from that state that is in
substantial conformity with paragraph (i) 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 a provision of law from that state that
is in substantial conformity with W.S. 20-5-307 or 20-5-308,
and:
(A) The child and the child's parents, or the
child and at least one (1) 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.
(iii) All courts of another state having jurisdiction
under provisions of law from that state in substantial
conformity with paragraph (i) or (ii) 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 a provision of law from that state
that is in substantial conformity with W.S. 20-5-307 or
20-5-308; or
(iv) No court of any other state would have
jurisdiction under the criteria specified in paragraph (i), (ii)
or (iii) of this subsection.
(b) Subsection (a) of this section shall be the exclusive
jurisdictional basis 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 shall not be necessary or sufficient to make a
child custody determination.