{"data":{"id":"us-wv/w.-va.-code-48-20-207","jurisdiction":"us-wv","citation":"W. Va. Code § 48-20-207","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 the 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":["CHAPTER 48. DOMESTIC RELATIONS.","ARTICLE 20. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT."],"source_url":"https://code.wvlegislature.gov/48-20-207/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:30Z","sha256":"64c5a0f3fe86c3531da5521ca424108b9f85528f525ff8f3cb1aa54e744e50ed","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-48-20-206","next":"us-wv/w.-va.-code-48-20-208"},"notice":"GroundRules: Original legal text. Not legal advice."}