Texas Family Code - Section 152.207. Inconvenient Forum

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§ 152.207. INCONVENIENT FORUM.  (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.
	(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:
		(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;
		(2)  the length of time the child has resided outside 
this state;           
		(3)  the distance between the court in this state and 
the court in the state that would assume jurisdiction;
		(4)  the relative financial circumstances of the 
parties;                   
		(5)  any agreement of the parties as to which state 
should assume jurisdiction;
		(6)  the nature and location of the evidence required 
to resolve the pending litigation, including testimony of the 
child;
		(7)  the ability of the court of each state to decide 
the issue expeditiously and the procedures necessary to present the 
evidence;  and
		(8)  the familiarity of the court of each state with the 
facts and issues in the pending litigation.
	(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, the court 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.
	(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.

Added by Acts 1999, 76th Leg., ch. 34, § 1, eff. Sept. 1, 1999.            

Last modified: August 10, 2007