N.Y. Domestic Relations Law § 76-f: Inconvenient forum

§ 76-f. Inconvenient forum. 1. A court of this state which has

jurisdiction under this article 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 child or

the child's attorney, or upon 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 or mistreatment or abuse of a child or

sibling 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 this article 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.