§ 81-11-207. Inconvenient forum.

(1) (a) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that the court is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. (b) The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party. (2) (a) Before determining whether the court is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. (b) In making a determination under Subsection (2)(a), the court shall: (i) allow the parties to submit information; and (ii) consider all relevant factors, including: (A) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the minor child; (B) the length of time the minor 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 the testimony of the minor 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 of the pending litigation. (3) If a court of this state determines that the court is an inconvenient forum and that a court of another state is a more appropriate forum, the court 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 the court's jurisdiction under this chapter 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.