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RSA 458-A:12 · Initial Child-Custody Jurisdiction

Title
XLIII: DOMESTIC RELATIONS
Chapter
458-A · UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Status
current
Official source linked
Yes
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458-A:12 Initial Child-Custody Jurisdiction. –

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I.

Except as otherwise provided in RSA 458-A:15, a court of this state has jurisdiction to make an initial child-custody determination only if:

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(a)

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 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.

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(b)

A court of another state does not have jurisdiction under subparagraph (a), 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 RSA 458-A:18 or RSA 458-A:19, and:

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(1)

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

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(2)

Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.

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(c)

All courts having jurisdiction under subparagraph (a) or (b) 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 RSA 458-A:18 or RSA 458-A:19.

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(d)

No court of any other state would have jurisdiction under the criteria specified in subparagraph (a), (b), or (c).

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II.

Paragraph I is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.

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III.

Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination. Source. 2009, 191:1, eff. Dec. 1, 2010.

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Source note

Source. 2009, 191:1, eff. Dec. 1, 2010.

Source history

  • 2009, 191:1, eff. Dec. 1, 2010

Related materials

Bill relationships

  • 2026 HB1710 reference

    Jurisdiction. I. A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under RSA 458-A. II. A court of this state has temporary emergency jurisdiction under RSA 458-A:15 if the court finds a credible risk of abduction. 458-F:6 Contents of Petition. I. A petition under this chapter shall be verified a

  • 2026 HB1710 reference

    emancipation of the child; III. The child’s attaining 18 years of age; or IV. The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under RSA 458-A:12, 458-A:13, and 458-A:14. 458-F:11 Uniformity of Application and Construction. In applying and construing this chapter as a uniform act, the courts shall give due consideration to the need to promote uniformity of the

  • 2026 HB1710-FN reference

    Jurisdiction. I. A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under RSA 458-A. II. A court of this state has temporary emergency jurisdiction under RSA 458-A:15 if the court finds a credible risk of abduction. 458-F:6 Contents of Petition. I. A petition under this chapter shall be verified a

  • 2026 HB1710-FN reference

    emancipation of the child; III. The child’s attaining 18 years of age; or IV. The time the order is modified, revoked, vacated, or superseded by a court with jurisdiction under RSA 458-A:12, 458-A:13, and 458-A:14. 458-F:11 Uniformity of Application and Construction. In applying and construing this chapter as a uniform act, the courts shall give due consideration to the need to promote uniformity of the

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