If there is no home state or if the home state has declined jurisdiction under La. R.S. 13:1819 or 1820, you must determine which state had “significant connections” jurisdiction under La. R.S. 13:1813(A)(2). “Significant connections” jurisdiction will not provide a court with initial jurisdiction under the UCCJEA if there is a home state.
For “significant connections” jurisdiction to exist, (1) the child and the child’s parents or the child and at least one parent or person acting as a parent must have a significant connection with the state other than mere physical presence and (2) substantial evidence must be available in the state on the child’s care, protection, training, and personal relationships. The child’s physical presence is not required for significant connections jurisdiction. The focus is on which state has substantial evidence as to the child’s care, protection, training, and relationships. If both states have “significant connections” jurisdiction, UCCJEA jurisdiction will lie with the first court in which a custody suit was filed.