19-9-67. Finding of inconvenient forum; conditions.

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.#

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. (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. (2)

   The length of time the child has resided outside this state;#

3. (3)

   The distance between the court in this state and the court in the state that would assume jurisdiction;#

4. (4)

   The relative financial circumstances of the parties;#

5. (5)

   Any agreement of the parties as to which state should assume jurisdiction;#

6. (6)

   The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;#

7. (7)

   The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and#

8. (8)

   The familiarity of the court of each state with the facts and issues in the pending litigation.#

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.#

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.#