(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:
(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;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, the Virgin Islands is the home state of the child.
(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:
(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;
(2) the contesting party timely challenges the exercise of jurisdiction in the Virgin Islands; and
(3) if relevant, the other state or foreign country is the home state of the child.