How Courts Decide a Child’s Home State in Custody Disputes

Paternity and custody cases often become highly contentious when parents live in different states or when one parent moves with the child. A key legal question is which court has the authority to decide custody issues. This is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which provides uniform rules across states.

The California appellate case Ocegueda v. Perreira (2015) demonstrates the complexity of determining jurisdiction in cases involving newborns and interstate moves. By examining this case and the relevant family code provisions, parents can gain a better understanding of how courts determine a child’s “home state” and what that means for custody disputes.

What Is Home State Jurisdiction?

Home State Jurisdiction refers to the legal authority of a state’s court to decide custody matters based on where the child has been living.

Under the UCCJEA and California Family Code:

• A child’s home state is generally where the child has lived with a parent for at least six months immediately before the case begins.
• For children under six months old, the home state is where the child lived from birth with a parent.

This rule ensures stability, prevents competing custody orders, and discourages “forum shopping,” where a parent files in a state perceived as more favorable to their interests.

California Family Code and UCCJEA Provisions

Family Code §3421 – Initial Jurisdiction

A California court can make an initial custody ruling only if:

1. California is the child’s home state at the time the case is filed, or
2. California was the home state within six months of filing, and the child is absent, but a parent remains in California, or
3. No state qualifies as a home state, but the child and at least one parent have significant connections, and evidence exists in California.

Family Code §3402(g) – Newborn Rule

For children younger than six months, the home state is defined as the state where the child was born. This rule becomes critical in disputes like Ocegueda v. Perreira.

Family Code §3422 – Exclusive Continuing Jurisdiction

Once a state properly establishes jurisdiction, it typically keeps authority over future custody matters unless:

• The child and both parents have left the state, or
• The child no longer has a significant connection to the state.

Family Code §3423 – Modification Jurisdiction

A California court may only modify another state’s custody order if California has jurisdiction and the other state’s court either declines jurisdiction or no longer qualifies as the home state.

Family Code §3424 – Temporary Emergency Jurisdiction

California courts may issue temporary orders if the child is present in the state and:

• Has been abandoned, or
• Is at immediate risk of harm.

This jurisdiction ends when the home state court issues an order, but it ensures children are protected in urgent circumstances.

Ocegueda v. Perreira: The Case Explained

Background Facts

• Mother and Father lived together in California when Mother became pregnant.
• Mother temporarily moved to Hawaii, gave birth there, and stayed for 41 days.
• Upon returning to California, Father immediately filed a parentage action.
• They agreed to joint custody, and Mother agreed not to remove the child without consent or a court order.
• Soon after, Mother filed her own action in Hawaii, claiming she always intended to remain there.

Trial Court Ruling

The trial court sided with Father, holding that the trip to Hawaii was a temporary absence. It ruled that California was the home state.

Appellate Court Ruling

The appellate court reversed, holding that:

• Since the child was less than six months old, the home state was the state where the child had lived from birth.
• The baby was born and lived in Hawaii for over five weeks, so Hawaii was the home state.
• Parental intent did not control jurisdiction.
• The physical presence of the child determined jurisdiction, not where parents wished to live.

The appellate court also referenced out-of-state decisions confirming that a newborn must have been born in a state to establish home state jurisdiction. Unlike the Hague Convention’s focus on “habitual residence” with consideration of intent, the UCCJEA is strictly physical-presence based.

Why the Case Matters

The decision highlights several important legal principles:

• Birthplace is critical for newborns: A baby’s home state is where they lived after birth.
• Temporary absences do not shift jurisdiction: Short stays in other states, such as vacations or brief visits, do not change the home state.
• Intent is not controlling: Courts focus on objective facts, not parental promises or plans.
• The timing of filing is crucial: the exact date of filing can determine the applicable jurisdiction.
• Enforcement matters: Custody orders must be recognized and enforced in other states under the UCCJEA’s enforcement provisions.

Practical Scenarios for Parents

What if both parents move to a third state?

Jurisdiction remains with the original home state until neither the child nor a parent has significant connections there. Only then can another state assume authority.

What about military families?

Because military families often relocate, determining a home state can be a complex process. Courts may look closely at where the child consistently resided with a parent before deployment or transfer.

Can both states proceed simultaneously?

No. If two states are involved, courts must communicate under the UCCJEA and decide which state should proceed. This prevents conflicting orders.

What if no state qualifies as a home state?

If a child has not lived in one state long enough, courts may fall back on significant-connection jurisdiction. This allows a state with evidence and strong ties to the child to assume jurisdiction.

International vs. Interstate Custody Disputes

It is important to distinguish between:

• Interstate disputes: Governed by the UCCJEA and California Family Code.
• International disputes often fall under the Hague Convention on the Civil Aspects of International Child Abduction, which focuses on the concept of “habitual residence.”

While UCCJEA cases focus on physical presence and the time spent in a state, Hague cases may also consider parental intent and patterns of residence. Parents facing cross-border disputes should seek immediate legal advice because different rules apply.

Frequently Asked Questions

What happens if my baby was born in another state, but we live in California?

If the baby is under six months old, the state of birth is generally the home state, unless the child has since lived in California for a significant period before filing.

Can a mother move to another state with my baby without my consent?

If there is no custody order, a parent may attempt to relocate. However, once a parentage or custody case is filed, restrictions often apply. Courts will examine whether the move violates existing agreements or orders.

How are custody orders enforced in other states?

Under the UCCJEA, states are required to recognize and enforce valid custody orders issued by the courts of another state, thereby ensuring uniformity and preventing conflicting rulings.

What if both parents file cases in different states?

Courts must confer under the UCCJEA to determine which state has jurisdiction to proceed. Generally, the child’s home state will have priority.

Does emergency jurisdiction mean that California always decides custody if the child is present in the state?

No. Emergency jurisdiction allows California to issue temporary orders if the child is in danger, but long-term custody decisions must be transferred to the child’s home state court.

Get Legal Help with Custody Jurisdiction Disputes

Determining jurisdiction in custody and paternity cases can be confusing and highly consequential. Filing in the wrong state can result in delays, dismissed cases, or conflicting orders.

The attorneys at Reape Rickett have decades of experience handling complex family law matters, including cases under the UCCJEA. Whether your case involves relocation, competing filings in different states, or emergency custody orders, our team can protect your rights and guide you through the process.

Contact Reape Rickett today to schedule a confidential consultation and ensure your custody case is handled in the proper jurisdiction.