(201) Initial child custody jurisdiction
N.D. Cent. Code § 14-14.1-12
in effect14-14.1-12. (201) Initial child custody jurisdiction
1. Except as otherwise provided in section 14-14.1-15, 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 subdivision a, 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 14-14.1-18 or
14-14.1-19, and:
(1) 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
(2) Substantial evidence is available in this state concerning the child's care,
protection, training, and personal relationships;
c. All courts having jurisdiction under subdivision a or b 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 14-14.1-18 or 14-14.1-19; or
d. No court of any other state would have jurisdiction under the criteria specified in
subdivision a, b, or c.
2. Subsection 1 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c14-1.pdf#nameddest=14-14p1-12Fetched: 10/16/2026