HARRY HUGHES, Governor

2095

(1)  THIS STATE (I) IS THE HOME STATE 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
THE CHILD'S REMOVAL OR RETENTION BY A PERSON CLAIMING CUSTODY OR
FOR OTHER REASONS, AND A PARENT OR PERSON ACTING AS PARENT
CONTINUES TO LIVE IN THIS STATE;

(2)  IT IS IN THE BEST INTEREST OF THE CHILD THAT A
COURT OF THIS STATE ASSUME JURISDICTION BECAUSE (I) THE. CHILD AND
THE CHILD'S PARENTS, OR THE CHILD AND AT LEAST 1 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;

(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 THE CHILD HAS BEEN
SUBJECTED TO OR THREATENED WITH MISTREATMENT OR ABUSE OR IS
OTHERWISE NEGLECTED OR DEPENDENT; OR

(4) (I) IT APPEARS THAT NO OTHER STATE WOULD HAVE
JURISDICTION UNDER PREREQUISITES SUBSTANTIALLY IN ACCORDANCE WITH
ITEMS (1), (2), OR (3) OF THIS SUBSECTION OR ANOTHER STATE HAS
DECLINED TO EXERCISE JURISDICTION ON THE GROUND THAT THIS STATE
IS THE MORE APPROPRIATE FORUM TO DETERMINE THE CUSTODY OF THE
CHILD, AND (II) IT IS IN THE BEST INTEREST OF THE CHILD THAT THIS
COURT ASSUME JURISDICTION.

(B)  EFFECT OF PHYSICAL PRESENCE.

EXCEPT UNDER SUBSECTION (A) (3) AND (4) OF THIS SECTION,
PHYSICAL PRESENCE IN THIS STATE OF THE CHILD, OR OF THE CHILD AND
1 OF THE CONTESTANTS, IS NOT ALONE SUFFICIENT TO CONFER
JURISDICTION ON A COURT OF THIS STATE TO MAKE A CHILD CUSTODY
DETERMINATION.

(C)  PHYSICAL PRESENCE NOT PREREQUISITE.

PHYSICAL PRESENCE OF THE CHILD, WHILE DESIRABLE, IS NOT A
PREREQUISITE FOR JURISDICTION TO DETERMINE THE CHILD'S CUSTODY.

REVISOR'S NOTE: This section formerly appeared as Article
16, § 186.

Throughout this section, references to "the child's"
and "the child" are substituted for the former
references to "his" and "he" in light of Article 40, §
53C of the Code, which calls for "the use of words
that are neutral as to gender".

The only other changes are in style.