§ 31-21-5-8 — Court declining exercise of jurisdiction

Indiana § 31-21-5-8

• Jurisdiction: Indiana
• Art. 21: UNIFORM CHILD CUSTODY JURISDICTION
• Ch. 5: Jurisdiction

Text

(a) An Indiana court that has jurisdiction under
this article to make a child custody determination may decline to
exercise its jurisdiction at any time if the Indiana court determines that:
(1) the Indiana court is an inconvenient forum under the
circumstances; and
(2) a court of another state is a more appropriate forum.
The issue of inconvenient forum may be raised on motion of a party,
the court's own motion, or request of another court.
(b) Before determining whether an Indiana court is an inconvenient
forum, the Indiana court shall consider whether it is appropriate for a
court of another state to exercise jurisdiction. For this purpose, the
Indiana court shall allow the parties to submit information and shall
consider the relevant factors, including the following:
(1) Whether domestic violence has occurred and is likely to
continue in the future and which state is best able to protect the
parties and the child.
(2) The length of time the child has resided outside Indiana.
(3) The distance between the Indiana court and the court in the
state that would assume jurisdiction.
(4) The relative financial circumstances of the parties.
(5) An agreement of the parties as to which state should assume
jurisdiction.
(6) The nature and location of the evidence required to resolve the
pending litigation, including the child's testimony.
(7) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the
evidence.
(8) The familiarity of the court of each state with the facts and
issues in the pending litigation.
(c) If an Indiana court determines that it is an inconvenient forum
and that a court of another state is a more appropriate forum, the
Indiana court:
(1) shall stay the proceedings on condition that a child custody
proceeding be promptly commenced in another designated state;
and
(2) may impose any other condition the Indiana court considers
just and proper.
(d) An Indiana court may decline to exercise its jurisdiction under
this article if a child custody determination is incidental to an action for
dissolution of marriage or another proceeding while still retaining
jurisdiction over the dissolution of marriage or other proceeding.

Legislative History

As added by P.L.138-2007, SEC.45.