What defines the home state for residency purposes under the UCCJEA?

• A. The state where the child has resided for 6 months or more
• B. The state where the child attends school
• C. The state where the custodial parent resides
• D. The state of the child's birth

Answer: (A)

The home state is the state where the child has lived with a parent for at least six consecutive months immediately before the custody proceeding. Temporary absences count toward that six-month period, so short stays away don’t break the residency requirement. If the child is less than six months old, the home state is where the child has lived since birth. This matters because it determines which state has jurisdiction to make the initial custody determination and enforce it. Attending school in a particular state isn’t the defining factor, nor is the custodial parent’s residence alone, and the birth state isn’t controlling unless the child has actually lived there for the required period.