The UCCJEA gives initial custody jurisdiction to the home state, defined as where the child lived with a parent for six consecutive months immediately before the proceeding, or since birth for infants.
Temporary absences count toward the period.
Alternative Names:
Home State|UCCJEA Home State
Why it Matters?
The six-month calculation runs backward from filing, which means a parent who relocated with the child establishes a new home state after six months and can then file there, and racing to file before that period elapses is a recognized strategic consideration. Temporary absences including vacations and visits do not interrupt the period. Where no home state exists, significant connection jurisdiction applies as the fallback.
Frequently Confused with
Related terms
Frequently asked questions
How is the six-month period calculated?
What applies where no home state exists?
