(1) A court of this state that 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.
(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:
Whether domestic violence or domestic abuse has occurred and is likely to continuein the future and which state could best protect the parties and the child;
The length of time the child has resided outside this state;
The distance between the court in this state and the court in the state that wouldassume jurisdiction;
The relative financial circumstances of the parties;
Any agreement of the parties as to which state should assume jurisdiction;
The nature and location of the evidence required to resolve the pending litigation,including testimony of the child;
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
The familiarity of the court of each state with the facts and issues in the pendinglitigation.
If a court of this state determines that it is an inconvenient forum and that a court ofanother 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.
A court of this state may decline to exercise its jurisdiction under this article if achild-custody determination is incidental to an action for divorce, dissolution of marriage, or another proceeding while still retaining jurisdiction over the divorce, dissolution of marriage, or other proceeding.
Source: L. 2000: Entire article R&RE, p. 1527, § 1, effective July 1.
Editor's note: This section is similar to former § 14-13-108 as it existed prior to 2000.