A.__Whether domestic violence 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.__Determination of inconvenient forum.__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.__Divorce or other proceeding.__A court of this State may decline to exercise its jurisdiction under this chapter 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.

Uniform Comment

This section retains the focus of Section 7 of the UCCJA. It authorizes courts to decide that another State is in a better position to make the custody determination, taking into consideration the relative circumstances of the parties. If so, the court may defer to the other State.