West Virginia Code § 48-20-207

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 the motion of a
party, the court's own motion or request of another court. e
(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 informatuion 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 outsidel this state;
(3) The distance between the court in this state and the court in the state that would assume
jurisdiction; i
(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 locatLion 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) WThe 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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