* UCCJEA §§ 202, 203
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back to topWhat factors will a judge consider in deciding
whether the new state would be a more convenient forum (place) to hear the
case?
In Why might a judge agree to transfer the custody case to
my new state?, we listed three reasons why a judge might agree to transfer your
case to a new state. The second reason listed is if the judge in the original
state believes that the new state is a more “convenient forum.” Here is a list
of factors that the judge must consider when deciding if the new state would be
a more convenient forum (place) to hear the case:
whether domestic
violence has occurred and is likely to continue in the future and which state
could best protect the parties and the child;
the length of time
the child has lived outside of the original state (the longer you have been in
the new state, the better);
the distance
between the original state and the new state;
the relative
financial circumstances of the parties (for example, possibly if the other
parent is in a better position to handle the costs associated with flying to
another state to appear in court, it could weigh in your favor);
any agreement you
and the child’s other parent may have over which state should take jurisdiction
(power) over the case;
the nature and
location of the evidence that would be required to resolve the litigation
(e.g., Would more witnesses be in the new state?);
the ability of the
court of each state to decide the issue quickly and effectively; and
how familiar
the court of each state is with the facts and issues of your case (i.e., if the
judge in the original state has handled court cases regarding the child and
knows the parties well, it may not make sense to transfer the case to a new
judge in a new state).*
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