Also known as: home states
Written by attorneys · grounded in primary & secondary sources — see below
The state in which a child has lived with a parent or person acting as a parent for at least six consecutive months immediately before commencement of a child-custody proceeding. A period of temporary absence counts toward the period. The designation supplies the primary basis for initial jurisdiction under uniform acts governing custody and support determinations.
Hunter Hughes and child lived in State A for seven consecutive months before filing. Hunter commences a custody proceeding in State A. State A is the home state on the date of commencement and therefore holds initial jurisdiction under the uniform act.
Hannah Hughes and her child have lived in State A for seven consecutive months. Hannah files a custody petition there on the eighth month. State A qualifies as the home state on the date of commencement and therefore possesses initial jurisdiction.
Select any source to read its text and confirm it supports the definition.
Harriet Hamilton and her child lived in State B until six months before the petition. The child was removed to State C. Harriet remains in State B. State B retains home state status for the six-month window and may exercise jurisdiction.
Hilda Hernandez and her child have no current home state because the child has moved frequently. Hilda files in State D where the child and she share significant connections and where substantial evidence of the child's care exists. State D may proceed because no other state holds home state jurisdiction.
Henry Hoffman and child lived in State E. The child spent two months visiting grandparents in State F. Henry files the custody petition in State E upon the child's return. The temporary absence counts toward the six-month period, so State E remains the home state.
Helena Hoffman obtained a support order in the state where she and the child lived for years. The obligor later challenges enforcement in another state. The original forum's home state status requires recognition of the order under uniform support acts.
The child must live with a parent or person acting as parent for at least six consecutive months immediately before the proceeding begins. Temporary absences are included in the calculation.
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The original state retains home state jurisdiction if a parent or person acting as parent still lives there. The six-month look-back period protects the state's authority even after the child's departure.
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Yes, when no other state has home state jurisdiction or when the home state declines on forum non conveniens grounds. The alternative requires significant connections plus substantial evidence in the forum state.
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The same label appears in militia clause analysis to identify the state whose governor might otherwise consent to federal activation of National Guard units. The term there refers to the unit's state of organization rather than a child's residence.
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…that cases involving the personal status of the plaintiff, such as divorce actions, could be adjudicated in the plaintiff's home State even though the defendant could not be served within that State. 95 U. S., at 733-735. Similarly, the opinion approved the practice of considering a foreign corporation doing business in a…