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(a) A tribunal of the Virgin Islands may exercise jurisdiction to establish a support order if the petition is filed after a pleading is filed in another state or a foreign country only if:
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(1) the petition in Virgin Islands 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;
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(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
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(3) if relevant, the Virgin Islands is the home state of the child.
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(b) A tribunal of the Virgin Islands may not exercise jurisdiction to establish a support order if the petition is filed before a petition is filed in another state or a foreign country if:
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(1) the petition in the other state or foreign country is filed before the expiration of the time allowed in Virgin Islands for filing a responsive pleading challenging the exercise of jurisdiction by state;
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(2) the contesting party timely challenges the exercise of jurisdiction in the Virgin Islands; and
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(3) if relevant, the other state or foreign country is the home state of the child.
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