Section 40-7-108 - Inconvenient forum(1) A court of this state that 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 the court's own motion, request of another court, or motion of a party.(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state 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 that 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 that the court considers just and proper.(4) 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.En. 61-408 by Sec. 8, Ch. 537, L. 1977; R.C.M. 1947, 61-408; amd. Sec. 8, Ch. 91, L. 1999.