Jurisdiction
Sec. 3. Jurisdiction. (a) A court of this state which is competent
to decide child custody matters has jurisdiction to make a child
custody determination by initial or modification decree if:
(1) this state (A) is the home state of the child at the time of
commencement of the proceeding, or (B) had been the child's
home state within six (6) months before commencement of the
proceeding and the child is absent from this state because of his
removal or retention by a person claiming his custody or for
other reasons, and a parent or person acting as parent continues
to live in this state;
(2) it is in the best interest of the child that a court of this state
assume jurisdiction because (A) the child and his parents, or the
child and at least one (1) contestant, have a significant
connection with this state, and (B) there is available in this state
substantial evidence concerning the child's present or future
care, protection, training, and personal relationships;
(3) the child is physically present in this state and the child has
been abandoned; or
(4) (A) it appears that no other state would have jurisdiction
under prerequisites substantially in accordance with paragraphs
(1), (2), or (3), or another state has declined to exercise
jurisdiction on the ground that this state is the more appropriate
forum to determine the custody of the child, and (B) it is in the
best interest of the child that this court assume jurisdiction.
(b) Except under paragraphs (3) and (4) of subsection (a) physical
presence in this state of the child, or of the child and one (1) of the
contestants, is not alone sufficient to confer jurisdiction on a court of
this state to make a child custody determination.
(c) Physical presence of the child, while desirable, is not
prerequisite for jurisdiction to determine his custody.
As added by P.L.1-1997, SEC.9.
Last modified: May 24, 2006