Legislation
SECTION 76-A
Exclusive, continuing jurisdiction
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 2
§ 76-a. Exclusive, continuing jurisdiction. 1. Except as otherwise
provided in section seventy-six-c of this title, a court of this state
which has made a child custody determination consistent with section
seventy-six or seventy-six-b of this title has exclusive, continuing
jurisdiction over the determination until:
(a) 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
(b) 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.
2. A court of this state which 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 section seventy-six of this title.
provided in section seventy-six-c of this title, a court of this state
which has made a child custody determination consistent with section
seventy-six or seventy-six-b of this title has exclusive, continuing
jurisdiction over the determination until:
(a) 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
(b) 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.
2. A court of this state which 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 section seventy-six of this title.