61.519  Simultaneous proceedings.--

(1)  Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 61.520.

(2)  Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more 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 shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(a)  Stay the proceeding for modification pending the entry of an order of a court of the other 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.

History.--s. 5, ch. 2002-65.

61.520  Inconvenient forum.--

(1)  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.

(2)  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:

(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 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 in 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 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.

History.--s. 5, ch. 2002-65.