Rule 1915.2. Venue.

 (a)  An action may be brought in any county

   (1)(i)  which is the home county of the child at the time of commencement of the proceeding, or

     (ii)   which had been the child’s home county within six months before commencement of the proceeding and the child is absent from the county because of the child’s removal or retention by a person claiming the child’s custody or for other reasons and a parent or person acting as parent continues to live in the county; or

   (2)  in which it is in the best interest of the child that the court decide the matter because the child and the child’s parents, or the child and at least one party, have a significant connection with the county and there is available within the county substantial evidence concerning the child’s present or future care, protection, training and personal relationships; or

   (3)  in which the child is physically present and the child has been abandoned or it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; or

   (4)  in which it appears that venue would not be proper in any other county under prerequisites substantially in accordance with paragraphs (1), (2) or (3), or another court has declined to decide the matter on the ground that the court before which the action is pending is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that the court decide the matter.

 (b)  Except under paragraphs (3) and (4) of subdivision (a), physical presence of the child within a county, or of the child and one of the parties, is not alone sufficient to establish venue.

 (c)  Physical presence of the child, while desirable, is not a prerequisite to venue.

 (d)  For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought or could be brought at the time of filing the petition to transfer. It shall be the duty of the prothonotary of the court in which the action is pending to forward to the prothonotary of the county to which the action is transferred certified copies of the docket entries, process, pleadings and other papers filed in the action. The costs and fees of the petition for transfer and the removal of the record shall be paid by the petitioner in the first instance to be taxable as costs in the case.

   Official Note

   Under the Uniform Child Custody Jurisdiction Act, 23 Pa.C.S. §  5341 et seq., the court may decline to exercise its jurisdiction in a particular action despite the action having been brought in a county of proper venue. Section 5347 of the Domestic Relations Code, relating to simultaneous proceedings in other courts, provides for the mandatory refusal by the court to exercise its jurisdiction in an action. Section 5348 of the Code, relating to inconvenient forum, and Sections 5349 and 5364(f) of the Code, relating to jurisdiction declined by reason of conduct, provide for the discretionary refusal by the court to exercise its jurisdiction. See 23 Pa.C.S. § §  5347, 5348, 5349 and 5364(f).

   The provisions of this Rule 1915.2 amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943. Immediately preceding text appears at serial pages (134343) to (134344).