Section 76-E. Simultaneous proceedings  


Latest version.
  • 1. Except as otherwise provided in
      section seventy-six-c of this title, a  court  of  this  state  may  not
      exercise  its  jurisdiction  under  this  title  if,  at the time of the
      commencement of the proceeding, a proceeding concerning the  custody  of
      the  child  has  been  commenced  in  a  court  of  another state having
      jurisdiction substantially in conformity with this article,  unless  the
      proceeding  has  been  terminated or is stayed by the court of the other
      state because a court of this state is a  more  convenient  forum  under
      section seventy-six-f of this title.
        2.  Except  as  otherwise  provided  in  section seventy-six-c of this
      title, a court of this state, before hearing a child custody proceeding,
      shall examine the court documents and other information supplied by  the
      parties  pursuant  to  section seventy-six-h of this title. If the court
      determines that a child custody proceeding has been commenced in a court
      in another state having jurisdiction substantially  in  accordance  with
      this  article,  the  court  of  this state shall stay its proceeding and
      communicate with the court of the other state. If the court of the state
      having jurisdiction substantially in accordance with this  article  does
      not  determine that the court of this state is a more appropriate forum,
      the court of this state shall dismiss the proceeding.
        3. In a proceeding to modify a child custody determination, a court of
      this  state  shall  determine  whether  a  proceeding  to  enforce   the
      determination  has  been  commenced in another state. If a proceeding to
      enforce a child custody determination  has  been  commenced  in  another
      state, the court may:
        (a) stay the proceeding for modification pending the entry of an order
      of a court of the other state enforcing, staying, denying, or dismissing
      the proceeding for enforcement:
        (b)  enjoin  the  parties  from  continuing  with  the  proceeding for
      enforcement; or
        (c) proceed  with  the  modification  under  conditions  it  considers
      appropriate.