2021 New York Laws
DOM - Domestic Relations
Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act
Title 2 - Jurisdiction
76-F - Inconvenient Forum.

Universal Citation: NY Dom Rel L § 76-F (2021)
§  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.

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