{"data":{"id":"us-mt/40-7-108","jurisdiction":"us-mt","citation":"40-7-108","heading":"Inconvenient forum.","body":"(1) A court of this state that 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 court's own motion, request of another court, or motion of a party.\n(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:\n(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;\n(b) the length of time that the child has resided outside this state;\n(c) the distance between the court in this state and the court in the state that would assume jurisdiction;\n(d) the relative financial circumstances of the parties;\n(e) any agreement of the parties as to which state should assume jurisdiction;\n(f) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;\n(g) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and\n(h) the familiarity of the court of each state with the facts and issues in the pending litigation.\n(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 that the court considers just and proper.\n(4) 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 40. FAMILY LAW","CHAPTER 7. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0400/chapter_0070/part_0010/section_0080/0400-0070-0010-0080.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:00Z","sha256":"006ebbe07f50de122ff38cf0014eb513c905fb5d5a76ca750b4a51ef604bc5e6","source_id":"us-mt","stale":false,"prev":"us-mt/40-7-107","next":"us-mt/40-7-109"},"notice":"GroundRules: Original legal text. Not legal advice."}