(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 or a foreign country only if:(1) 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:(2) The contesting party timely challenges the exercise of jurisdiction in the other state or foreign country; 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 or a foreign country if:(1) 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;(2) The contesting party timely challenges the exercise of jurisdiction in on 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 or foreign country is the home state of the child.
West Virginia Legal Code