78B-13-206. Simultaneous proceedings.
(1) Except as otherwise provided in Section 78B-13-204, a court of this state may not
exercise its jurisdiction under this chapter if at the time of the commencement of the proceeding
a proceeding concerning the custody of the child had been previously commenced in a court of
another state having jurisdiction substantially in conformity with this chapter, 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 Section 78B-13-207.
(2) Except as otherwise provided in Section 78B-13-204, 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 Section 78B-13-209. 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 chapter, 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 chapter 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.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009