N.Y. Domestic Relations Law § 76: Initial child custody jurisdiction

§ 76. Initial child custody jurisdiction. 1. Except as otherwise

provided in section seventy-six-c of this title, a court of this state

has jurisdiction to make an initial child custody determination only if:

(a) 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;

(b) a court of another state does not have jurisdiction under

paragraph (a) of this subdivision, 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 seventy-six-f or

seventy-six-g of this title, and:

(i) 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 this state other than mere physical presence; and

(ii) substantial evidence is available in this state concerning the

child's care, protection, training, and personal relationships;

(c) all courts having jurisdiction under paragraph (a) or (b) 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 seventy-six-f or seventy-six-g of

this title; or

(d) no court of any other state would have jurisdiction under the

criteria specified in paragraph (a), (b) or (c) of this subdivision.

2. Subdivision one of this section is the exclusive jurisdictional

basis for making a child custody determination by a court of this state.

3. Physical presence of, or personal jurisdiction over, a party or a

child is not necessary or sufficient to make a child custody

determination.