§ 43-601-204. 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.

Added by Laws 1994, c. 160, § 8, eff. Sept. 1, 1994.