75-5b-208 - Proceedings in more than one state.
75-5b-208. Proceedings in more than one state.
Except for a petition for the appointment of a guardian in an emergency or issuance of aprotective order limited to property located in this state as provided in Subsection75-5b-203(1)(a) or (b), if a petition for the appointment of a guardian or issuance of a protectiveorder is filed in this state and in another state and neither petition has been dismissed orwithdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under Section 75-5b-202, it may proceed withthe case unless a court in another state acquires jurisdiction under Section 75-5b-202 before theappointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under Section 75-5b-202, whetherat the time the petition is filed or at any time before the appointment or issuance of the order, thecourt shall stay the proceeding and communicate with the court in the other state. If the court inthe other state has jurisdiction, the court in this state shall dismiss the petition unless the court inthe other state determines that the court in this state is a more appropriate forum.
Enacted by Chapter 253, 2008 General Session