Vermont § 1071 - Initial child custody jurisdiction

§ 1071. Initial child custody jurisdiction

• (a) Except as otherwise provided in section 1074 of this title, a Vermont court has jurisdiction to make an initial child custody determination
  only if: (1) Vermont 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 Vermont, but a parent or person acting as
  a parent continues to live in Vermont; (2) a court of another state does not have jurisdiction under subdivision (1) of this
  subsection, or a court of the home state of the child has declined to exercise jurisdiction
  on the ground that Vermont is the more appropriate forum under section 1077 or 1078 of this title, and: (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 Vermont other than mere physical
  presence; and (B) substantial evidence is available in Vermont concerning the child’s care, protection,
  training, and personal relationships; (3) all courts having jurisdiction under subdivision (1) or (2) of this subsection have
  declined to exercise jurisdiction on the grounds that a Vermont court is the more
  appropriate forum to determine the custody of the child under section 1077 or 1078 of this title; or (4) no court of any other state would have jurisdiction under the criteria specified in
  subdivision (1), (2), or (3) of this subsection. (b) Subsection (a) of this section is the exclusive jurisdictional basis for making a
  child custody determination by a Vermont court. (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
  or sufficient to make a child custody determination. (Added 2011, No. 29, § 1.)