§ 40-5-1011

40-5-1011. Simultaneous proceedings. (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (a) the petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (b) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and (c) if relevant, this state is the home state of the child. (2) 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 or a foreign country if: (a) the petition or comparable pleading in the other state or foreign country 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; (b) the contesting party timely challenges the

s filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state; (b) the contesting party timely challenges the exercise of jurisdiction in this state; and (c) if relevant, the other state or foreign country is the home state of the child. History: En. Sec. 8, Ch. 328, L. 1993; amd. Sec. 25, Ch. 174, L. 2015; Sec. 40-5-148, MCA 2013; redes. 40-5-1011 by Sec. 71, Ch. 174, L. 2015.