West Virginia Code § 48-20-203

Jurisdiction to modify determination
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Except as otherwise provided in section 20-204, a court of this state may not modify a child
custody determination made by a court of another state unless a court of this state has
jurisdiction to make an initial determination under subdivision (1) or (2), subsection (a),
section 20-201 and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction
under section 20-202 or that a court of this state would be a more convenient forum under
section 20-207; or
(2) A court of this state or a court of the other state determines that the child, the child's
parents and any person acting as a parent do not presently reside in the other state.

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