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2020 Mississippi Code
Title 93 - Domestic Relations
Chapter 27 - Uniform Child Custody Jurisdiction and Enforcement Act
Article 2 - Jurisdiction
§ 93-27-207. Inconvenient forum
Universal Citation:
MS Code § 93-27-207 (2020)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- A court of this state which has jurisdiction under this chapter 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:
- Whether domestic violence has occurred and is likely to continue in 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 would assume 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 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 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.
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