40-5-1011. Simultaneous proceedings.
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/mt/title-40/chapter-5/part-10/40-5-1011·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-5-1011 . Simultaneous proceedings.
(1)A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(a)the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(b)the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; 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 or a foreign country if:
(a)the petition or comparable pleading in the other state or foreign country 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 or foreign country is the home state of the child.