40-4-211. Child custody jurisdiction -- commencement of proceedings. (1) A court of this state competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if:
     (a) this state:
     (i) is the home state of the child at the time of commencement of the proceedings; or
     (ii) had been the child's home state within 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 reason and a parent or person acting as parent continues to live in this state; or
     (b) it is in the best interest of the child that a court of this state assume jurisdiction because:
     (i) the child and his parents or the child and at least one contestant have a significant connection with this state; and
     (ii) there is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or
     (c) the child is physically present in this state and:
     (i) has been abandoned; or
     (ii) it is necessary in an emergency to protect him because he has been subjected to or threatened with mistreatment or abuse or is neglected or dependent; or
     (d) (i) no other state has jurisdiction under prerequisites substantially in accordance with subsections (1)(a), (1)(b), or (1)(c) of this section or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine custody of the child; and
     (ii) it is in his best interest that the court assume jurisdiction.
     (2) Except under subsections (1)(c) and (1)(d) of this section, physical presence in this state of the child or of the child and one of the contestants is not alone sufficient to confer jurisdiction on a court of this state to make a child custody determination.
     (3) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody.
     (4) A child custody proceeding is commenced in the district court:
     (a) by a parent, by filing a petition:
     (i) for dissolution or legal separation; or
     (ii) for custody of the child in the county in which he is permanently resident or found; or
     (b) by a person other than a parent, by filing a petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in the physical custody of one of his parents.
     (5) Notice of a child custody proceeding shall be given to the child's parent, guardian, custodian, those persons having physical custody of the child, and all other contestants, who may appear, be heard, and file a responsive pleading. The court, upon a showing of good cause, may permit intervention of other interested parties.

     History: En. 48-331 by Sec. 31, Ch. 536, L. 1975; amd. Sec. 11, Ch. 33, L. 1977; amd. Sec. 27, Ch. 537, L. 1977; R.C.M. 1947, 48-331.