(a) Except as otherwise provided in section 4 of this chapter, an Indiana court may 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 article, unless the proceeding:(1) has been terminated; or(2) is stayed by the court of the other state because an Indiana court is a more convenient forum under section 8 of this chapter.(b) Except as otherwise provided in section 4 of this chapter, an Indiana court, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under sections 10 through 13 of this chapter. 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 Indiana court shall:(1) stay its proceeding; and(2) 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 Indiana court is a eeding; and(2) 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 Indiana court is a more appropriate forum, the Indiana court shall dismiss the proceeding.As added by P.L.138-2007, SEC.45.
Indiana Legal Code