§576B-204  Simultaneous proceedings.  (a)  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:

     (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 the 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 this State; and

     (3)  If relevant, the other state or foreign country is the home state of the child. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]