§ 76. Initial child custody jurisdiction. 1. Except as otherwise
provided in section seventy-six-c of this title, a court of this state
has jurisdiction to make an initial child custody determination only if:

(a) this state is the home state of the child on the date of the
commencement of the proceeding, or 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;

(b) a court of another state does not have jurisdiction under
paragraph (a) of this subdivision, 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 section seventy-six-f or
seventy-six-g of this title, and:

(i) 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

(ii) substantial evidence is available in this state concerning the
child's care, protection, training, and personal relationships;

(c) all courts having jurisdiction under paragraph (a) or (b) of this
subdivision 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 section seventy-six-f or seventy-six-g of
this title; or

(d) no court of any other state would have jurisdiction under the
criteria specified in paragraph (a), (b) or (c) of this subdivision.

2. Subdivision one of this section is the exclusive jurisdictional
basis for making a child custody determination by a court of this state.

3. Physical presence of, or personal jurisdiction over, a party or a
child is not necessary or sufficient to make a child custody
determination.