{"data":{"id":"us-de/13-del.-c.-1926","jurisdiction":"us-de","citation":"13 Del. C. § 1926","heading":"Inconvenient forum.","body":"(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 motion of a party, the court’s own motion, or request of another court.\n(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:\n(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;\n(2) The length of time the child has resided outside this State;\n(3) The distance between the court in this State and the court in the state that would assume jurisdiction;\n(4) The relative financial circumstances of the parties;\n(5) Any agreement of the parties as to which state should assume jurisdiction;\n(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;\n(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and\n(8) The familiarity of the court of each state with the facts and issues in the pending litigation.\n(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.\n(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.","path":["Title 13. Domestic Relations","CHAPTER 19. Uniform Child Custody Jurisdiction and Enforcement Act","Subchapter II. Jurisdiction"],"source_url":"https://delcode.delaware.gov/title13/c019/sc02/index.html#1926","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:17Z","sha256":"98bc040030183b41ff85c2888743fd97cf94e62331b820deb7e2cb0833f8ef38","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-1925","next":"us-de/13-del.-c.-1927"},"notice":"GroundRules: Original legal text. Not legal advice."}
