23-37,201. Initial child-custody jurisdiction. (UCCJEA 201). (a) Except as otherwise provided in K.S.A. 2021 Supp. 23-37,204, and amendments thereto, a court of this state has jurisdiction to make an initial child-custody determination only if:
(1) 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 six 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;
(2) a court of another state does not have jurisdiction under paragraph (1), 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 K.S.A. 2021 Supp. 23-37,207 or 23-37,208, and amendments thereto, and:
(A) 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
(B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) 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 K.S.A. 2021 Supp. 23-37,207 or 23-37,208, and amendments thereto; or
(4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
History: L. 2000, ch. 171, ยง 43; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea)
23-37,103 Proceeding governed by other law.
23-37,104 Application to Indian tribes.
23-37,105 International application of act.
23-37,106 Effect of child-custody determination.
23-37,108 Notice to persons outside state.
23-37,109 Appearance and limited immunity.
23-37,110 Communication between courts.
23-37,111 Taking testimony in another state.
23-37,112 Cooperation between courts; preservation of records.
23-37,201 Initial child-custody jurisdiction.
23-37,202 Exclusive, continuing jurisdiction.
23-37,203 Jurisdiction to modify determination.
23-37,204 Temporary emergency jurisdiction.
23-37,205 Notice; opportunity to be heard; joinder.
23-37,206 Simultaneous proceedings.
23-37,208 Jurisdiction declines by reason of conduct.
23-37,209 Information to be submitted to court.
23-37,210 Appearance to parties and child.
23-37,301 Definitions; enforcement.
23-37,302 Enforcement under Hague Convention.
23-37,304 Temporary visitation.
23-37,305 Registration of child-custody determination.
23-37,306 Enforcement of registered determination.
23-37,307 Simultaneous proceedings.
23-37,308 Expedited enforcement of child-custody determination.
23-37,309 Service of petition and order.
23-37,311 Warrant to take physical custody of child.
23-37,312 Costs, fees, and expenses.
23-37,313 Recognition and enforcement.
23-37,316 Role of law enforcement.
23-37,401 Application and construction.