403.834 Inconvenient forum.
359 words·~2 min read·
/ky/chapter-403/403-834A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.