{"jurisdiction": "us-ny", "code": "drl", "section": "76-F", "citation": "DRL § 76-F", "heading": "Inconvenient forum", "text": ["§ 76-f. Inconvenient forum. 1. A court of this state which has jurisdiction under this article 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 child or the child's attorney, or upon 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 or mistreatment or abuse of a child or sibling 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 article 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."], "official_source": "https://www.nysenate.gov/legislation/laws/DOM/76-F", "from_official_api": true, "plain_english": "- **Subd. 1:** A NY court with jurisdiction may **decline** it if NY is an **inconvenient forum** and another state is more appropriate (raised by a party, the child/attorney, the court, or another court).\n- **Subd. 2:** Before deciding, the court considers **all relevant factors**, including: **(a) domestic violence/abuse** and which state can best protect; (b) how long the child has lived outside NY; (c) distance between courts; (d) parties' finances; (e) any agreement on jurisdiction; (f) nature/location of **evidence** (including the child's testimony); (g) each court's ability to decide **expeditiously**; (h) each court's **familiarity** with the facts. ★\n- **Subd. 3:** If declining, the court **stays** proceedings on the condition a case is **promptly commenced** in the other state.\n- **Subd. 4:** NY may decline where custody is **incidental to a divorce** while keeping the divorce.", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/drl/76-f", "publisher": "Elyphived LLC"}