Simultaneous proceedings.

1. (a) A tribunal of the commonwealth may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

   1. (1) the petition or comparable pleading in the commonwealth 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;
   2. (2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
   3. (3) if relevant, the commonwealth is the home state of the child.

2. (b) A tribunal of the commonwealth may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

   1. (1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in the commonwealth for filing a responsive pleading challenging the exercise of jurisdiction by the commonwealth;
   2. (2) the contesting party timely challenges the exercise of jurisdiction in the commonwealth; and
   3. (3) if relevant, the other state or foreign country is the home state of the child.