ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
DIVISION II

DENVER LANE RICE

APPELLANT

v.

JOHNIA LEA RICE

APPELLEE

CA02-1303

SEPTEMBER 24, 2003

APPEAL FROM THE SALINE COUNTY CIRCUIT COURT

[E-94-549]

HONORABLE ROBERT WILSON GARRETT, CIRCUIT JUDGE

AFFIRMED

Karen R. Baker, Judge

Appellant, Denver Lane Rice, appeals a trial court's August 2002 ruling that under Arkansas Code Annotated section 9-19-207 (Repl. 2002), Arkansas is an inconvenient forum to continue to hear matters related to the care and custody of the parties' minor child who had resided in Missouri since the summer of 1994. He challenges the dismissal of his motion for modification and the order that all future actions should originate in Missouri. We find no error and affirm.

The thrust of appellant's argument is that the trial court failed to consider each statutory factor and that this was an abuse of discretion requiring reversal. He places great weight on a statement that the trial court made during a telephone conversation with the Missouri judge who would be accepting jurisdiction in Missouri: "I don't really care either way ... and I would leave it to your call." He asserts that this statement proves that the Arkansas trial court failed to exercise its own sound discretion as to whether Arkansas was an inconvenient forum.

Appellant does not argue that the trial court's order must "specifically enumerate" the statutory factors. Neither does he dispute that Missouri would be an appropriate forum. His primary cause for concern was the statement set out above. Yet, the order from which appellant appeals clearly states that the Arkansas court agreed with the Missouri court that the State of Missouri was an appropriate forum and that the Arkansas court then independently declined jurisdiction:

"It is the opinion of Judge Paul McGhee in Missouri and of this Court, pertaining to the question of summer visitation or any other matter, the majority of any critical evidence which would be presented at a hearing would originate in Missouri concerning the child's social activities, health and education." . . . "It is further ordered that Arkansas is no longer a convenient forum for the litigation and that Arkansas is declining jurisdiction. All future actions are to be filed in the State of Missouri."

One state may assume jurisdiction and become an alternate forum where the initial state declines to exercise its jurisdiction. Moore v. Richardson, 332 Ark. 255, 964 S.W.2d 377 (1998). The decision of whether to decline jurisdiction is one left to the sound discretion of the trial court. Gray v. Gray, 69 Ark. App. 277, 12 S.W.3d 648 (2000) (decision under prior law). We will not reverse the trial court unless it abused its discretion. Id.

The trial court in this case heard all the evidence presented by the parties regarding the statutory factors and reached its decision after considering all of the evidence and conferring with the Missouri court that would be assuming jurisdiction as an alternate forum. Under the facts of this case, we cannot say that trial court abused its discretion in declining jurisdiction.

Accordingly, we affirm.

Pittman and Gladwin, JJ., agree.