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This entry was published on 2014-09-22
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SECTION 76-E
Simultaneous proceedings
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5-A, TITLE 2
§ 76-e. Simultaneous proceedings. 1. Except as otherwise provided in
section seventy-six-c of this title, a court of this state may not
exercise its jurisdiction under this title if, at the time of the
commencement of the proceeding, a proceeding concerning the custody of
the child has been commenced in a court of another state having
jurisdiction substantially in conformity with this article, 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 seventy-six-f of this title.

2. Except as otherwise provided in section seventy-six-c of this
title, 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 seventy-six-h of this title. If the court
determines that a child custody proceeding has been commenced in a court
in another state having jurisdiction substantially in accordance with
this article, 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 article 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.