§ 20-5-307 — Inconvenient forum

(a) A court of this state which has jurisdiction under
this act 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.
(b) 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:
(i) Whether domestic violence has occurred and is
likely to continue in the future and which state could best
protect the parties and the child;
(ii) The length of time the child has resided outside
this state;
(iii) The distance between the court in this state
and the court in the state that would assume jurisdiction;
(iv) The relative financial circumstances of the
parties;
(v) Any agreement of the parties as to which state
should assume jurisdiction;
(vi) The nature and location of the evidence required
to resolve the pending litigation, including testimony of the
child;
(vii) The ability of the court of each state to
decide the issue expeditiously and the procedures necessary to
present the evidence; and
(viii) The familiarity of the court of each state
with the facts and issues in the pending litigation.
(c) 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.
(d) A court of this state may decline to exercise its
jurisdiction under this act 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.