Section 30-3B-207

Link to law: http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/30-3B-207.htm
Published: 2015

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Section 30-3B-207

Section 30-3B-207Inconvenient forum.

(a) A court of this state which 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 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:



(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;



(2) The length of time the child has resided outside this state;



(3) The distance between the court in this state and the court in the state that would assume jurisdiction;



(4) The relative financial circumstances of the parties;



(5) Any 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 testimony of the child;



(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and



(8) 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 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.

(Act 99-438, p. 866, §1.)