(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 (A) is the home state of the
child at the time of commencement of the
proceeding, or (B) had been the child's home
state within six 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 the child's 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 (A) the child and the child's parents, or
the child and at least one contestant, have a
significant connection with this state, and (B)
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 (A) the child has been abandoned or (B)
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 a child in need of care; or
(4) (A) it appears that no other state
would have jurisdiction under prerequisites
substantially in accordance with paragraphs (1),
(2), or (3), 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
(B) it is in the best interest of the child
that this court assume jurisdiction.
(b) Except under paragraphs (3) and (4) of
subsection (a), physical presence in this state
of the child, or of the child and one 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 of the child, while
desirable, is not a prerequisite for jurisdiction
to determine the child's custody.
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