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- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 30. Uniform Child Custody Jurisdiction and Enforcement Act
- Section 300. Initial Child Custody Jurisdiction.
previous:
Section 10. - 25.35.230l Uniform Child Custody Jurisdiction Act. [Repealed, Sec. 4 Ch 133 SLA 1998].
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Section 310. Exclusive, Continuing Jurisdiction.
AS 25.30.300. Initial Child Custody Jurisdiction.
- (a) Except as otherwise provided in AS 25.30.330
, a court of this state has jurisdiction to make an initial child custody determination only if
- (1) this state is the home state of the child on the date of the commencement of the proceeding;
- (2) this state was the home state of the child within six 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;
- (3) a court of another state does not have jurisdiction under provisions substantially similar to (1) or (2) of this
subsection, 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 provisions substantially similar to AS 25.30.360
or 25.30.370, and
- (A) 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
- (B) substantial evidence is available in this state concerning the child's care, protection, training, and personal
relationships;
- (4) all courts having jurisdiction under the criteria specified in (1) - (3) 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 provisions substantially similar to AS 25.30.360
or 25.30.370; or
- (5) no court of another state would have jurisdiction under the criteria specified in (1) - (4) of this subsection.
- (b) The provisions of (a) of this section are the exclusive jurisdictional bases 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.
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