Section 403.834 - Inconvenient forum(1) 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.(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 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 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:7/13/2004
Created 2004, Ky. Acts ch. 133, sec. 18, effective7/13/2004.