CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
Family Code Section 3421
(a) Except as otherwise provided in
Section 3424, a court of this state has jurisdiction to make an initial child custody
determination only if any of the following are true:
(1) 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 six 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.
(2) A court of another state does not have jurisdiction under paragraph
(1), or a court of the home state of the child has declined to exercise
jurisdiction on the grounds that this state is the more appropriate forum under
Section 3427 or 3428, and both of the following are true:
(A) The child and the child's parents, or the child and at least one
parent or a person acting as a parent, have a significant connection with
this state other than mere physical presence.
(B) Substantial evidence is available in this state concerning the child's
care, protection, training, and personal relationships.
(3) All courts having jurisdiction under paragraph (1) or (2) have declined
to exercise jurisdiction on the ground that a court of this state is the
more appropriate forum to determine the custody of the child under
Section 3427 or 3428.
(4) No court of any other state would have jurisdiction under the criteria
specified in paragraph (1), (2), or (3).
(b) Subdivision (a) is the exclusive jurisdictional basis for making a
child custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child
is not necessary or sufficient to make a child custody determination.