MARVIN MANDEL, Governor

1341

LIVED FROM BIRTH WITH ANY OF THE PERSONS MENTIONED,
PERIODS OF TEMPORARY ABSENCE OF ANY OF THE NAMED PERSONS
ARE COUNTED AS PART OF THE 6-MONTH OR OTHER PERIOD.

(6)         "INITIAL DECREE" MEANS THE FIRST CUSTODY
DECREE CONCERNING A PARTICULAR CHILD.

(7)         "MODIFICATION DECREE" MEANS A CUSTODY
DECREE WHICH MODIFIES OR REPLACES A PRIOR DECREE, WHETHER
MADE BY THE COURT WHICH RENDERED THE PRIOR DECREE OR BY
ANOTHER COURT.

(8)         "PHYSICAL         CUSTODY" MEANS ACTUAL
POSSESSION AND CONTROL OF A CHILD.

(9)         "PERSON ACTING AS PARENT" MEANS A
PERSON, OTHER THAN A PARENT, WHO HAS PHYSICAL CUSTODY OF
A CHILD AND WHO HAS EITHER BEEN AWARDED CUSTODY BY A
COURT OR CLAIMS A RIGHT TO CUSTODY.

(10)       "STATE" MEANS ANY STATE, TERRITORY, OR
POSSESSION OF THE UNITED STATES, THE COMMONWEALTH OF
PUERTO RICO, AND THE DISTRICT OF COLOMBIA.

[[3-1003]] 186.

(A) 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 IF:

(1)    THIS STATE (I) IS THE HOME STAT? OF THE
CHILD AT THE TIME OF COMMENCEMENT OF THE PROCEEDING, OR
(II) HAD BEEN THE CHILD'S HOME STATE WITHIN 6 MONTHS
BEFORE COMMENCEMENT OF THE 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

(2)    IT IS IN THE BEST INTEREST OF THE CHILD
THAT A COURT OF THIS STATE ASSUME JURISDICTION BECAUSE
(I) THE CHILD AND HIS PARENTS, OR THE CHILD AND AT LEAST

ONE CONTESTANT, HAVE A SIGNIFICANT CONNECTION WITH THIS
STATE, AND (II) THERE IS AVAILABLE IN THIS STATE
SUBSTANTIAL EVIDENCE CONCERNING THE CHILD'S PRESENT OR
FUTURE CARE, PROTECTION, TRAINING, AND PERSONAL
RELATIONSHIPS; OR

(3)    THE CHILD IS PHYSICALLY PRESENT IN THIS
STATE AND (I) THE CHILD HAS BEEN ABANDONED OR (II) IT IS
NECESSARY IN AN EMERGENCY TO PROTECT THE CHILD BECAUSE HE
HAS BEEN SUBJECTED TO OF THREATENED WITH MISTREATMENT OR
ABUSE OR IS OTHERWISE NEGLECTED OR DEPENDENT; OR