Tennessee § 36-6-222 - Declining jurisdiction — Inconvenient forum.

§ 36-6-222. Declining jurisdiction — Inconvenient forum.

A court of this state which has jurisdiction under this part 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. 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: The length of time the child has resided outside this state; The distance between the court in this state and the court in the state that would assume jurisdiction; The relative financial circumstances of the parties; Any agreement of the parties as to which state should assume jurisdiction; The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; and The familiarity of the court of each state with the facts and issues in the pending litigation. 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. A court of this state may decline to exercise its jurisdiction under this part 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. Acts 1999, ch. 389, § 23. Compiler's Notes. Former part 2, §§ 36-6-201 — 36-6-225 (Acts 1979, ch. 383, §§ 1-25; 1981, ch. 483, § 1; T.C.A., §§ 36-1301 — 36-1325), the Uniform Child Custody Jurisdiction Act, was repealed and replaced by the Uniform Child Custody Jurisdiction and Enforcement Act by Acts 1999, ch. 389, § 1, effective June 14, 1999. For current provisions, see this part.