Me. Rev. Stat. » Title 19-A
Maine Revised Statutes

Me. Rev. Stat. tit. 19-A, § 1745 (2026)

Initial child custody jurisdiction

✓ current as of May 2026
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1.  Jurisdiction over initial determination.  Except as otherwise provided in section 1748, 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 6 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;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
B. A court of another state does not have jurisdiction under paragraph 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 1751 or 1752 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;   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
C. All courts having jurisdiction under paragraph 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 1751 or 1752; or   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
D. No court of any other state would have jurisdiction under the criteria specified in paragraph A, B or C.   [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
2.  Exclusive jurisdictional basis.  Subsection 1 is the exclusive jurisdictional basis for making a child custody determination by a court of this State.  
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
3.  Physical presence or personal jurisdiction not necessary or sufficient.  Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.  
[PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
SECTION HISTORY
PL 1999, c. 486, §3 (NEW). PL 1999, c. 486, §6 (AFF).
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Notes of Decisions
Cited in 8 cases, 2000–2018 · leading case: In Re Amberley D., 2001 ME 87 (Me. 2001).
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In Re Amberley D., 2001 ME 87 (Me. 2001). · cites it 3× “§ 1738A(c); 19-A M.R.S.A. § 1745. The PKPA and the UC-CJEA define the home state as the state in which the child lived with a parent, or a person acting as a parent, for at least six consecutive months immediately before the commencement of a child custody proceeding, and…”
Campbell v. Martin, 2002 ME 112 (Me. 2002). · cites it 4× “§ 1740(4), and concluded that Kentucky is the child’s home state pursuant to 19-A M.R.S.A. § 1745-(1)(A) (Supp.2001) and that Kentucky has not declined to exercise jurisdiction.”
Gutierrez v. Gutierrez, 2007 ME 59 (Me. 2007). · cites it 2× “1 19-A M.R.S. § 1745(1). A *157 child’s “home state” is defined as “the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding.”
Eric N. Fitzpatrick v. Arlene McCrary, 2018 ME 48 (Me. 2018). · cites it 2× “§ 1738A(d) ; 19-A M.R.S. §§ 1745, 1746. [¶ 12] Here, Fitzpatrick does not dispute that Maine had initial child custody jurisdiction.”
Barclay v. Eckert, 2000 ME 10 (Me. 2000). · cites it 2× “§ 1738A(c)(2)(A) & (B) (1994) (creating preference for home state when two states could exercise jurisdiction in making initial determination); see also 19-A M.R.S.A. § 1745 (Supp.1999) (creating similar preference pursuant to UCCJEA).”
Rainbow v. Ransom, 2010 ME 22 (Me. 2010). “See 19-A M.R.S. § 1745(1)(B); see also Gutierrez v.”
Christopher SEEKINS v. Jennifer HAMM, 2015 ME 157 (Me. 2015). · cites it 2× “''See 19-A M.R.S. § 1745(1): Seekins timely appealed from the judgment.”
Shanoski v. Miller (Me. Super. Ct 2001). “19-A M.R.S.A. § 1745(1) (Supp. 2000). 28 U.”
— Me. Rev. Stat. tit. 19-A, § 1745(1) — 3 cases
Gutierrez v. Gutierrez, 2007 ME 59 (Me. 2007). “1 19-A M.R.S. § 1745(1). A *157 child’s “home state” is defined as “the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding.”
Christopher SEEKINS v. Jennifer HAMM, 2015 ME 157 (Me. 2015). “''See 19-A M.R.S. § 1745(1): Seekins timely appealed from the judgment.”
Shanoski v. Miller (Me. Super. Ct 2001). “19-A M.R.S.A. § 1745(1) (Supp. 2000). 28 U.”
— Me. Rev. Stat. tit. 19-A, § 1745(1)(A) — 2 cases
Eric N. Fitzpatrick v. Arlene McCrary, 2018 ME 48 (Me. 2018). “§ 1738A(d) ; 19-A M.R.S. §§ 1745, 1746. [¶ 12] Here, Fitzpatrick does not dispute that Maine had initial child custody jurisdiction.”
Campbell v. Martin, 2002 ME 112 (Me. 2002). “§ 1740(4), and concluded that Kentucky is the child’s home state pursuant to 19-A M.R.S.A. § 1745-(1)(A) (Supp.2001) and that Kentucky has not declined to exercise jurisdiction.”
— Me. Rev. Stat. tit. 19-A, § 1745(1)(B) — 2 cases
Barclay v. Eckert, 2000 ME 10 (Me. 2000). “§ 1738A(c)(2)(A) & (B) (1994) (creating preference for home state when two states could exercise jurisdiction in making initial determination); see also 19-A M.R.S.A. § 1745 (Supp.1999) (creating similar preference pursuant to UCCJEA).”
Rainbow v. Ransom, 2010 ME 22 (Me. 2010). “See 19-A M.R.S. § 1745(1)(B); see also Gutierrez v.”
— Me. Rev. Stat. tit. 19-A, § 1745(1)(B)(1) — 1 case
In Re Amberley D., 2001 ME 87 (Me. 2001). “§ 1738A(c); 19-A M.R.S.A. § 1745. The PKPA and the UC-CJEA define the home state as the state in which the child lived with a parent, or a person acting as a parent, for at least six consecutive months immediately before the commencement of a child custody proceeding, and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.