§52C-2-204. Simultaneous proceedings in another state

(a)        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:

(1)        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;

(2)        The contesting party timely challenges the exercise of jurisdiction in the other state; and

(3)        If relevant, this State is the home state of the child.

(b)        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:

(1)        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;

(2)        The contesting party timely challenges the exercise of jurisdiction in this State; and

(3)        If relevant, the other state is the home state of the child.

(1995, c. 538, s. 7(c).)