- Except as otherwise provided in section 16-4602.04, a court of the District has jurisdiction to make an initial child-custody determination only if:
- The District 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 6 months before the commencement of the proceeding and the child is absent from the District, but a parent or person acting as a parent continues to live in the District;
- A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that the District is the more appropriate forum under sections 16-4602.07 or 16-4602.08, and:
- 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 the District other than mere physical presence; and
- Substantial evidence is available in the District concerning the child's care, protection, training, and personal relationships;
- All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of the District is the more appropriate forum to determine the custody of the child under sections 16-4602.07 or 16-4602.08; or
- No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3) of this subsection.
- Subsection (a) of this section is the exclusive jurisdictional basis for making a child-custody determination by a court of the District.
- Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Historical and Statutory
Legislative History of Laws
For D.C. Law 13-293, see notes following § 16-4601.01.
This section is based upon § 201 of the Uniform Child Custody Jurisdiction and Enforcement Act (1997 Act). See 9, Part IA, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
DC CODE § 16-4602.01
Current through December 11, 2012
(Apr. 27, 2001, D.C. Law 13-293, § 2(d), 48 DCR 2214.)