Delaware Code § 13-1926

Inconvenient forum
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(a) A court of this State which 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 motion of a party, the court's own motion, or request of another
court.
(b) 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:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and
the child;
(2) The length of time the child has resided outside this State;
(3) The distance between the court in this State and the court in the state that would assume jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8) The familiarity of the court of each state with the facts and issues in the pending litigation.
(c) 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.
(d) 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.

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