West Virginia Code § 48-20-201

Initial child custody jurisdiction
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(a) Except as otherwise provided in section 20-204, a court of this state has jurisdiction to
make an initial child custody determination only if:
(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; u
(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 this state is the more appropriate forum under section 20-207 or 20-208,
and:
(A) The child and the child's parents, or the chsild and at least one parent or a person acting
as a parent, have a significant connection with this state other than mere physical presence;
and i
(B) Substantial evidence is available in this state concerning the child's care, protection,
training and personal relationships;
(3) All courts having jurisdiction under subdivision (1) or (2) of this subdivision 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 20-207 or 20-208; or
(4) No court oVf 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 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.

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