Section 76-F. Inconvenient forum  


Latest version.
  • 1.  A  court  of  this state which has
      jurisdiction under this article to make a  child  custody  determination
      may  decline  to  exercise its jurisdiction at any time if it determines
      that it is an inconvenient forum under  the  circumstances  and  that  a
      court  of  another  state  is  a  more  appropriate  forum. The issue of
      inconvenient forum may be raised upon motion of a party,  the  child  or
      the  law guardian, or upon the court's own motion, or request of another
      court.
        2. Before determining whether it is an inconvenient forum, a court  of
      this  state  shall  consider  whether  it  is appropriate for a court of
      another state to exercise jurisdiction.  For  this  purpose,  the  court
      shall  allow  the  parties  to submit information and shall consider all
      relevant factors, including:
        (a) whether domestic violence or mistreatment or abuse of a  child  or
      sibling  has  occurred and is likely to continue in the future and which
      state could best protect the parties and the child;
        (b) the length of time the child has resided outside this state;
        (c) the distance between the court in this state and the court in  the
      state that would assume jurisdiction;
        (d) the relative financial circumstances of the parties;
        (e)  any  agreement  of  the  parties  as to which state should assume
      jurisdiction;
        (f) the nature and location of the evidence required  to  resolve  the
      pending litigation, including testimony of the child;
        (g)  the  ability  of  the  court  of  each  state to decide the issue
      expeditiously and the procedures necessary to present the evidence; and
        (h) the familiarity of the court of each  state  with  the  facts  and
      issues in the pending litigation.
        3.  If  a  court  of  this state determines that it is an inconvenient
      forum and that a court of another state is a more appropriate forum,  it
      shall   stay  the  proceedings  upon  condition  that  a  child  custody
      proceeding be promptly commenced in another  designated  state  and  may
      impose any other condition the court considers just and proper.
        4.  A  court  of  this  state may decline to exercise its jurisdiction
      under this article if a child custody determination is incidental to  an
      action   for   divorce  or  another  proceeding  while  still  retaining
      jurisdiction over the divorce or other proceeding.