§ 14-13-206 — Simultaneous proceedings

(1) Except as otherwise provided in
section 14-13-204, a court of this state may not exercise its jurisdiction under this
part 2 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 article, unless the
proceeding has been terminated or is stayed by the court of the other state
because a court of this state is a more convenient forum under a provision of law
adopted by that state that is in substantial conformity with section 14-13-207.

(2) Except as otherwise provided in section 14-13-204, a court of this state,
before hearing a child-custody proceeding, shall examine the court documents and
other information supplied by the parties pursuant to section 14-13-209. If the court
determines that a child-custody proceeding has been commenced in a court in
another state having jurisdiction substantially in accordance with a provision of law
adopted by that state that is in substantial conformity with this article, the court of
this state 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 article does not determine that the court of this state is a more appropriate
forum, the court of this state shall dismiss the proceeding.

(3) In a proceeding to modify a child-custody determination, a court of this
state 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 of this state may:

(a) 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;

(b) Enjoin the parties from continuing with the proceeding for enforcement;
or

(c) Proceed with the modification under conditions it considers appropriate.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1527, � 1, effective July 1.