| (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. |
Terms Used In Utah Code 78B-13-206
- Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102
- Commencement: means the filing of the first pleading in a proceeding. See Utah Code 78B-13-102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Utah Code 78B-13-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-13-102
| (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. |
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Renumbered and Amended by Chapter 3, 2008 General Session
