25-1036. Simultaneous proceedings
A. Except as otherwise provided in section 25-1034, a court of this state
shall not exercise its jurisdiction under this article 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 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
25-1037.
B. Except as otherwise provided in section 25-1034, 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 25-1039. If the court determines
that a child custody proceeding has been commenced in a court in another state that has
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.
C. 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 do any of the following:
1. 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.
2. Enjoin the parties from continuing with the proceeding for enforcement.
3. Proceed with the modification under conditions it considers appropriate.
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