§ 15-14.1-13. Initial child custody jurisdiction.
(a) Except as otherwise provided, 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 (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;
(2) A court of another state does not have jurisdiction under subdivision (1) of this subsection, 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 and:
(i) 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
(ii) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;
(3) All courts having jurisdiction under subdivision (1) or (2) of this subsection 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; or
(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3) of this subsection.
(b) Subsection (a) of this section 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 of Section.P.L. 2003, ch. 307, § 2; P.L. 2003, ch. 322, § 2.
Structure Rhode Island General Laws
Chapter 15-14.1 - Uniform Child Custody Jurisdiction and Enforcement Act
Section 15-14.1-1. - Short title.
Section 15-14.1-2. - Definitions.
Section 15-14.1-3. - Proceedings governed by other law.
Section 15-14.1-4. - Application to Indian tribes.
Section 15-14.1-5. - International application.
Section 15-14.1-6. - Effect of child custody determination.
Section 15-14.1-7. - Priority.
Section 15-14.1-8. - Notice to persons outside state.
Section 15-14.1-9. - Appearance and limited immunity.
Section 15-14.1-10. - Communication between courts.
Section 15-14.1-11. - Taking testimony in another state.
Section 15-14.1-12. - Cooperation between courts — Preservation of records.
Section 15-14.1-13. - Initial child custody jurisdiction.
Section 15-14.1-14. - Exclusive, continuing jurisdiction.
Section 15-14.1-15. - Jurisdiction to modify determination.
Section 15-14.1-16. - Temporary emergency jurisdiction.
Section 15-14.1-17. - Notice — Opportunity to be heard — Joinder.
Section 15-14.1-18. - Simultaneous proceedings.
Section 15-14.1-19. - Inconvenient forum.
Section 15-14.1-20. - Jurisdiction declined by reason of conduct.
Section 15-14.1-21. - Information to be submitted to court.
Section 15-14.1-22. - Appearance of parties and child.
Section 15-14.1-23. - Additional definitions in this chapter.
Section 15-14.1-24. - Enforcement under Hague Convention.
Section 15-14.1-25. - Duty to enforce.
Section 15-14.1-26. - Temporary visitation.
Section 15-14.1-27. - Registration of child custody determination.
Section 15-14.1-28. - Enforcement of registered determination.
Section 15-14.1-29. - Simultaneous proceedings.
Section 15-14.1-30. - Expedited enforcement of child custody determination.
Section 15-14.1-31. - Service of petition and order.
Section 15-14.1-32. - Hearing and order.
Section 15-14.1-33. - Warrant to take physical custody of child.
Section 15-14.1-34. - Costs, fees, and expenses.
Section 15-14.1-35. - Recognition and enforcement.
Section 15-14.1-36. - Appeals.
Section 15-14.1-37. - Role of prosecutor or public official.
Section 15-14.1-38. - Role of law enforcement.
Section 15-14.1-39. - Costs and expenses.
Section 15-14.1-40. - Application and construction.