New Hampshire Revised Statutes 458-A:12 – Initial Child-Custody Jurisdiction
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I. Except as otherwise provided in N.H. Rev. Stat. § 458-A:15, 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 6 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 subparagraph (a), 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 N.H. Rev. Stat. § 458-A:18 or N.H. Rev. Stat. § 458-A:19, and:
(1) 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
(2) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships.
(c) All courts having jurisdiction under subparagraph (a) or (b) 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 N.H. Rev. Stat. § 458-A:18 or N.H. Rev. Stat. § 458-A:19.
(d) No court of any other state would have jurisdiction under the criteria specified in subparagraph (a), (b), or (c).
II. Paragraph I is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
III. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
(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 6 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.
Terms Used In New Hampshire Revised Statutes 458-A:12
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) A court of another state does not have jurisdiction under subparagraph (a), 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 N.H. Rev. Stat. § 458-A:18 or N.H. Rev. Stat. § 458-A:19, and:
(1) 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
(2) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships.
(c) All courts having jurisdiction under subparagraph (a) or (b) 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 N.H. Rev. Stat. § 458-A:18 or N.H. Rev. Stat. § 458-A:19.
(d) No court of any other state would have jurisdiction under the criteria specified in subparagraph (a), (b), or (c).
II. Paragraph I is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
III. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.