2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement
5426 - Simultaneous proceedings.

     § 5426.  Simultaneous proceedings.
        (a)  General rule.--Except as otherwise provided in section
     5424 (relating to temporary emergency jurisdiction), a court of
     this Commonwealth may not exercise its jurisdiction under this
     subchapter if, at the time of the commencement of the
     proceeding, a proceeding concerning the custody of the child has
     been commenced in a court of another state having jurisdiction
     substantially in conformity with this chapter unless the
     proceeding has been terminated or is stayed by the court of the
     other state because a court of this Commonwealth is a more
     convenient forum under section 5427 (relating to inconvenient
     forum).
        (b)  Stay; communication with other court.--Except as
     otherwise provided in section 5424, a court of this
     Commonwealth, before hearing a child custody proceeding, shall
     examine the court documents and other information supplied by
     the parties pursuant to section 5429 (relating to information to
     be submitted to court). If the court determines that a child
     custody proceeding has been commenced in a court in another
     state having jurisdiction substantially in accordance with this
     chapter, the court of this Commonwealth shall stay its
     proceeding and communicate with the court of the other state. If
     the court of the state having jurisdiction substantially in
     accordance with this chapter does not determine that the court
     of this Commonwealth is a more appropriate forum, the court of
     this Commonwealth shall dismiss the proceeding.
        (c)  Modification.--In a proceeding to modify a child custody
     determination, a court of this Commonwealth shall determine
     whether a proceeding to enforce the determination has been
     commenced in another state. If a proceeding to enforce a child
     custody determination has been commenced in another state, the
     court may:
            (1)  stay the proceeding for modification pending the
        entry of an order of a court of the other state enforcing,
        staying, denying or dismissing the proceeding for
        enforcement;
            (2)  enjoin the parties from continuing with the
        proceeding for enforcement; or
            (3)  proceed with the modification under conditions it
        considers appropriate.