Divorce in Salt Lake City: Inconvenient Forum

February 8, 2012
Arnold Wadsworth Coggins

Sometimes when facing a divorce in Utah, the parents of the children reside in different states because of separation. This can occur with the children either staying with one parent or going with the other. We usually see this when one parent as received a new job in another state. So where does the divorce get filed? Jurisdiction of the children is usually in the state that where the children have resided for at least six (6) months. However, this does not mean that where the children have lived for the last six months will be the state where the child custody case will be heard.

Some factors the Court will look at when deciding if Utah is the right forum for jurisdiction over the child custody case include;

  1. Where Domestic Violence has occurred or abuse on the children
  2. The length of time the child has resided out of the state
  3. The distance between the Court and the state where the jurisdiction would be
  1. Financial circumstances of the Parties involved in the divorce
  2. Any agreement the Parties have agreed to concerning child custody
  3. Where the evidence is located, including the testimony of the child
  4. The ability of each state to decided the case in a quick manner

Even if all of these factors are in your favor you want to make sure you have an attorney with experience in divorce proceedings argue this point of law for you. This could really help the outcome of your divorce if the correct state hears your case. Further, your divorce could be decided in one state while the child custody case is decided in another. Call today for a free consultation – (801) 475-0123

78B-13-207.   Inconvenient forum.

(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.
(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:
(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 the 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 of 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 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.