722.1201 Initial child-custody determination; jurisdiction.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 201.

(1)Except as otherwise provided in section 204, a court of this state has jurisdiction to make an initial child-custody determination only in the following situations:

(a)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 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.

(b)A court of another state does not have jurisdiction under subdivision (a), 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 section 207 or 208, and the court finds both of the following:

(i)The child and the child's parents, or the child and at least 1 parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.

(ii)Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.

(c)All courts having jurisdiction under subdivision

(a)or

(b)have declined to exercise jurisdiction on the grounds that a court of this state is the more appropriate forum to determine the custody of the child under section 207 or 208.

(d)No court of another state would have jurisdiction under subdivision (a), (b), or (c).

(2)Subsection

(1)is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.

(3)Physical presence of, or personal jurisdiction over, a party or a child is neither necessary nor sufficient to make a child-custody determination.

History: 2001, Act 195 , Eff. Apr. 1, 2002