NRS 125A.365
Inconvenient forum.


1.

A court of this state which has jurisdiction pursuant to the provisions of 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.

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 pursuant to the provisions of 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.

Source: Section 125A.365 — Inconvenient forum., https://www.­leg.­state.­nv.­us/NRS/NRS-125A.­html#NRS125ASec365.

Last Updated

Jun. 24, 2021

§ 125A.365’s source at nv​.us