2020 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
Title 2 - Jurisdiction
76-F - Inconvenient Forum.

§  76-f.  Inconvenient  forum.  1.  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  child  or
the  child's  attorney,  or  upon  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:
  (a) whether domestic violence or mistreatment or abuse of a  child  or
sibling  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.
  3.  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.
  4.  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.