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Legal Information: U.S. Virgin Islands

Statutes: Virgin Islands, U.S.

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Updated: 
November 15, 2023

128. Exclusive, continuing jurisdiction

(a) Except as otherwise provided in § 133, a court of this State which has made a child-custody determination consistent with § 127 or § 129 has exclusive, continuing jurisdiction over the determination until:

(1) a court of this State determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child’s care, protection, training, and personal relationships; or

(2) a court of this State or a court of another State determines that the child, the child’s parents, and any person acting as a parent do not presently reside in this State.

(b) A court of this State which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 127.