Except as provided in section 4 of this chapter, an Indiana court may not modify a child custody determination made by a court of another state unless an Indiana court has jurisdiction to make an initial determination under section 1(a)(1) or 1(a)(2) of this chapter and:

1. (1) the court of the other state determines that:

   1. (A) it no longer has exclusive, continuing jurisdiction under section 2 of this chapter; or
   2. (B) an Indiana court would be a more convenient forum under section 8 of this chapter; or

2. (2) an Indiana court or a court of the other state determines that:

   1. (A) the child;
   2. (B) the child's parents; and

   3. (C) any person acting as a parent;

      do not presently reside in the other state.

As added by P.L.138-2007, SEC.45.