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403.834 Inconvenient forum.
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A court of this state which has jurisdiction under KRS 403.800 to 403.880 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:
(a) Whether domestic violence 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.
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 KRS 403.800
to 403.880 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.
Effective:July 13, 2004
History: Created 2004 Ky. Acts ch. 133, sec. 18, effective July 13, 2004.
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