(a)  A court in the Virgin Islands which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if:
(1) The Virgin Islands:
(A) is the home of the child at the time of commencement of the proceeding; or
(B) had been the child’s home within six months before commencement of the proceeding and the child is absent from this territory because of his removal or retention by a person claiming his custody or for other reasons and a parent or person acting as parent continues to live in this territory; or
(2) it is in the best interest of the child that a court in this territory assume jurisdiction because:
(A) the child and his parent, or the child and at least one contestant, have a significant connection with this territory; and
(B) there is within the jurisdiction of the court in this territory substantial evidence concerning the child’s present or future care, protection, training, and personal relationships; or
(3) the child is physically present in this territory, and:
(A) the child has been abandoned; or
(B) it is necessary in an emergency to protect the child; or
(4) it appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs (1), (2), or (3), or another state has declined to exercise jurisdiction on the ground that this territory is the more appropriate forum to determine the custody of the child; and
(A) it is in the best interest of the child that this court assume jurisdiction.
(b)  Except under paragraphs (3) and (4) of subsection (a) of this section, physical presence in this territory of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court in this territory to make a child custody determination.
(c)  Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody. 16 V.I.C. §117 et.seq.