(a) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) If relevant, this State is the home state of the child.
(b) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;
(2) The contesting party timely challenges the exercise of jurisdiction in this State; and
(3) If relevant, the other state or foreign country is the home state of the child.
Structure Delaware Code
Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT
§ 6-201. Bases for jurisdiction over nonresident.
§ 6-202. Duration of personal jurisdiction.
§ 6-203. Initiating and responding tribunal of State.
§ 6-204. Simultaneous proceedings.
§ 6-205. Continuing, exclusive jurisdiction to modify child-support order.
§ 6-206. Continuing jurisdiction to enforce child-support order.
§ 6-207. Determination of controlling child-support order.
§ 6-208. Child-support orders for 2 or more obligees.
§ 6-210. Application of this chapter to nonresident subject to personal jurisdiction.
§ 6-211. Continuing, exclusive jurisdiction to modify spousal-support order.