KRS 403.834: Inconvenient forum.

(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.