40-5-148. Simultaneous proceedings in another state. (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:
     (a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
     (b) the contesting party timely challenges the exercise of jurisdiction in the other state; and
     (c) if relevant, this state is the home state of the child.
     (2) 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 if:
     (a) the petition or comparable pleading in the other state 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;
     (b) the contesting party timely challenges the exercise of jurisdiction in this state; and
     (c) if relevant, the other state is the home state of the child.

     History: En. Sec. 8, Ch. 328, L. 1993.