Title 19, Chapter 9, Section 67
( 19-9-67)
(a) 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 court's own motion, or request of
another court. (b) 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: (1) Whether family violence has occurred and is likely to continue
in the future and which state could best protect the parties and
the child; (2) The length of time the child has resided outside this state; (3) The distance between the court in this state and the court in
the state that would assume jurisdiction; (4) The relative financial circumstances of the parties; (5) Any agreement of the parties as to which state should assume
jurisdiction; (6) The nature and location of the evidence required to resolve
the pending litigation, including testimony of the child; (7) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the
evidence; and (8) The familiarity of the court of each state with the facts and
issues in the pending litigation. (c) 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. (d) 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. |