KANSAS STATUTES AND CODES

38-1353. Simultaneous proceedings.

38-1353

Chapter 38.--MINORS Article 13.--CHILD CUSTODY JURISDICTION

38-1353. Simultaneous proceedings.(UCCJEA 206). (a) Except as otherwise provided in K.S.A. 38-1351and amendments thereto, a court of this state may not exercise its jurisdictionunder K.S.A. 38-1348 through 38-1357 and amendments thereto if, at the time ofthecommencement of the proceeding, a proceeding concerning the custody of thechild has been commenced in a court of another state having jurisdictionsubstantially in conformity with this act, unless the proceeding has beenterminated or is stayed by the court of the other state because a court of thisstate is a more convenient forum under K.S.A. 38-1354 and amendments thereto.

(b) Except as otherwise provided in K.S.A. 38-1351 and amendmentsthereto, a court of this state, before hearing a child-custody proceeding,shall examine the court documents and other information supplied by theparties pursuant to K.S.A. 38-1356 and amendments thereto. If the courtdetermines that a child-custody proceeding has been commenced in a courtin another state having jurisdiction substantially in accordance with thisact, the court of this state shall stay its proceeding and communicate withthe court of the other state. If the court of the state having jurisdictionsubstantially in accordance with this act does not determine that the courtof this state is a more appropriate forum, the court of this state shalldismiss the proceeding.

(c) In a proceeding to modify a child-custody determination, a courtof this state shall determine whether a proceeding to enforce the determinationhas been commenced in another state. If a proceeding to enforce achild-custody determination has been commenced in anotherstate, the court may:

(1) Stay the proceeding for modification pending the entry of an order of acourt of the other state enforcing, staying, denying, or dismissing theproceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for enforcement;or

(3) proceed with the modification under conditions it considers appropriate.

History: L. 2000, ch. 171, § 48; July 1.