ROBERT L. EHRLICH, JR., Governor S.B. 269
(II) SUBSTANTIAL EVIDENCE IS AVAILABLE IN THIS STATE
CONCERNING THE CHILD'S CARE, PROTECTION, TRAINING, AND PERSONAL
RELATIONSHIPS;
(3) ALL COURTS HAVING JURISDICTION UNDER ITEM (1) OR (2) 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 § 9.5-207 OR § 9.5-208 OF THIS SUBTITLE; OR
(4) NO COURT OF ANY OTHER STATE WOULD HAVE JURISDICTION
UNDER THE CRITERIA SPECIFIED IN ITEM (1), (2), OR (3) OF THIS SUBSECTION.
(B) SUBSECTION (A) OF THIS SECTION IS 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 IS NOT NECESSARY OR SUFFICIENT TO MAKE A CHILD CUSTODY
DETERMINATION.
9.5-202.
(A) EXCEPT AS OTHERWISE PROVIDED IN § 9.5-204 OF THIS SUBTITLE, A
COURT OF THIS STATE THAT HAS MADE A CHILD CUSTODY DETERMINATION
CONSISTENT WITH § 9.5-201 OR § 9.5-203 OF THIS SUBTITLE HAS EXCLUSIVE,
CONTINUING JURISDICTION OVER THE DETERMINATION UNTIL:
(1) A COURT OF THIS STATE DETERMINES THAT NEITHER THE CHILD,
THE CHILD AND ONE PARENT, NOR THE CHILD AND A PERSON ACTING AS A PARENT
HAVE A SIGNIFICANT CONNECTION WITH THIS STATE AND THAT SUBSTANTIAL
EVIDENCE IS NO LONGER AVAILABLE IN THIS STATE CONCERNING THE CHILD'S
CARE, PROTECTION, TRAINING, AND PERSONAL RELATIONSHIPS; OR
(2) A COURT OF THIS STATE OR A COURT OF ANOTHER STATE
DETERMINES THAT THE CHILD, THE CHILD'S PARENTS, AND ANY PERSON ACTING AS
A PARENT DO NOT PRESENTLY RESIDE IN THIS STATE.
(B) A COURT OF THIS STATE THAT HAS MADE A CHILD CUSTODY
DETERMINATION AND DOES NOT HAVE EXCLUSIVE, CONTINUING JURISDICTION
UNDER THIS SECTION MAY MODIFY THAT DETERMINATION ONLY IF IT HAS
JURISDICTION TO MAKE AN INITIAL DETERMINATION UNDER § 9.5-201 OF THIS
SUBTITLE.
9.5-203.
EXCEPT AS OTHERWISE PROVIDED IN § 9.5-204 OF THIS SUBTITLE, A COURT OF
THIS STATE MAY NOT MODIFY A CHILD CUSTODY DETERMINATION MADE BY A
COURT OF ANOTHER STATE UNLESS A COURT OF THIS STATE HAS JURISDICTION TO
MAKE AN INITIAL DETERMINATION UNDER § 9.5-201(A)(l) OR (2) OF THIS SUBTITLE
AND:
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