Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under subdivision a or b of subsection 1 of section 28 -35-09, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: 1. If the court in this state has jurisdiction under section 28 -35-08, the court may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 28-35-09 before the appointment or issuance of the order. 2. If the court in this state does not have jurisdiction under section 28 -35-08, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
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