(a) Except as otherwise provided in section 20-204, a court of this state which has made a child custody determination consistent with section 20-201 or 20-203 has exclusive, continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships; or
(2) A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 20-201.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 20. Uniform Child Custody Jurisdiction and Enforcement Act
§48-20-103. Proceedings Governed by Other Law
§48-20-104. Application to Indian Tribes
§48-20-105. International Application of Chapter
§48-20-106. Effect of Child Custody Determination
§48-20-108. Notice to Persons Outside State
§48-20-109. Appearance and Limited Immunity
§48-20-110. Communication Between Courts
§48-20-111. Taking Testimony in Another State
§48-20-112. Cooperation Between Courts; Preservation of Records
§48-20-201. Initial Child Custody Jurisdiction
§48-20-202. Exclusive, Continuing Jurisdiction
§48-20-203. Jurisdiction to Modify Determination
§48-20-204. Temporary Emergency Jurisdiction
§48-20-205. Notice; Opportunity to Be Heard; Joinder
§48-20-206. Simultaneous Proceedings
§48-20-207. Inconvenient Forum
§48-20-208. Jurisdiction Declined by Reason of Conduct
§48-20-209. Information to Be Submitted to Court
§48-20-210. Appearance of Parties and Child
§48-20-302. Enforcement Under Hague Convention
§48-20-304. Temporary Visitation
§48-20-305. Registration of Child Custody Determination
§48-20-306. Enforcement of Registered Determination
§48-20-307. Simultaneous Proceedings
§48-20-308. Expedited Enforcement of Child Custody Determination
§48-20-309. Service of Petition and Order
§48-20-311. Warrant to Take Physical Custody of Child
§48-20-312. Costs, Fees and Expenses
§48-20-313. Recognition and Enforcement
§48-20-315. Role of Prosecutor or Public Official
§48-20-316. Role of Law Enforcement
§48-20-317. Costs and Expenses
§48-20-401. Application and Construction