78B-13-206 - Simultaneous proceedings.
78B-13-206. Simultaneous proceedings.
(1) Except as otherwise provided in Section 78B-13-204, a court of this state may notexercise its jurisdiction under this chapter if at the time of the commencement of the proceedinga proceeding concerning the custody of the child had been previously commenced in a court ofanother state having jurisdiction substantially in conformity with this chapter, unless theproceeding has been terminated or is stayed by the court of the other state because a court of thisstate is a more convenient forum under Section 78B-13-207.
(2) Except as otherwise provided in Section 78B-13-204, a court of this state, beforehearing a child custody proceeding, shall examine the court documents and other informationsupplied by the parties pursuant to Section 78B-13-209. If the court determines that a childcustody proceeding was previously commenced in a court in another state having jurisdictionsubstantially in accordance with this chapter, the court of this state shall stay its proceeding andcommunicate with the court of the other state. If the court of the state having jurisdictionsubstantially in accordance with this chapter does not determine that the court of this state is amore appropriate forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shalldetermine whether a proceeding to enforce the determination has been commenced in anotherstate. If a proceeding to enforce a child custody determination has been commenced in anotherstate, the court may:
(a) stay the proceeding for modification pending the entry of an order of a court of theother state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b) enjoin the parties from continuing with the proceeding for enforcement; or
(c) proceed with the modification under conditions it considers appropriate.
Renumbered and Amended by Chapter 3, 2008 General Session