West Virginia Code § 48-16-204

Simultaneous proceedings
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(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 or a foreign country only if:
(1) 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:
(2) The contesting party timely challenges the exercise of jurisdiuction in the other state or
foreign country; 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 peltition or comparable pleading is filed in
another state or a foreign country if:
(1) 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;
(2) The contesting party timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the otherL state or foreign country is the home state of the child.

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