Thomas Law OfficesCompassionate Guidance. Powerful Legal Advocacy.
Call Today For a Free Consultation
LA 818-538-8637 OC 949-342-8426
Menu
Practice Areas

Understanding the "home state" concept

After making the decision to split from their spouses, many may decide to move away from Los Angeles to an entirely new state. Such a decision may prove beneficial in helping them move on in their personal lives, yet it can also further complicate the already complex issue of child custody. When divorcing parents are living in separate states, the question of which state has jurisdiction over their custody case will almost inevitably come up. 

In 1997, a non-profit organization dedicated to providing clarity on legislative issues that cross state jurisdictions created the Uniform Child Custody Jurisdiction and Enforcement Act. This proposed statute established rules regarding who should rule on multi-jurisdictional child custody cases. Since its creation, 48 states have adopted the standards created by the Act (California being one of them). 

The UCCJEA recognizes the state that has jurisdiction of such cases as the one which can meet the following criteria: 

  • The one that has legal claim to being a child's home state
  • The one in which the child has significant connections
  • The one in which the child resides for safety reasons

If no one state can meet any of the aforementioned criteria, then the state a child involved in a custody case is currently living in is considered to be his or her home state. 

California sets its own standard when determining if it should be considered a child's home state. Section 3402(g) of the California Family Code says that if a child has been living in the state (with a parent or guardian) for at least six consecutive months prior to the initiation of custody proceedings, then it is his or her home state. Temporary absences for vacations, to receive healthcare treatment, or even brief periods of visitation do not interrupt this time period. 

No Comments

Leave a comment
Comment Information
818-538-8637
949-342-8426

Woodland Hills Office
21800 Oxnard Street
Suite 850
Woodland Hills, CA 91367

Toll Free: 818-538-8637
Phone: 949-342-8426
Map & Directions

Newport Beach Office
620 Newport Center Drive
Eleventh Floor
Newport Beach, CA 92660

Toll Free: 949-342-8426
Phone: 949-342-8426
Map & Directions

  • Best Attorney in the Valley!

    Kendra Thomas is one of the best attorneys I have ever worked with. Kendra and her team at Thomas Law Offices are compassionate and able to get to the heart of the matter. Not only can she quickly take in information, she can also think outside of the box to implement an effective game plan…. - Joseph, a Corporate client

  • Amazing Family Law Advocate!

    Kendra is a very thorough attorney. She paid great attention to detail. She is a pitbull in the courtroom and received compliments from the judge. We won a majority of our motions. I found her to be reasonable and understanding. I highly recommend her!- William, a Divorce client (5 star review)

  • One of the Best Advocates Around!

    I had a complicated case with a lot of assets. We had a business to divide and could not make heads or tails of it. My previous
    attorney messed up the case. However, when we found Thomas Law, the attorney was able to get to the bottom of how our assets should be divided.
    When Ms. Thomas presented the case, the judge realized that she knew her stuff. I had a very good experience with this firm.- Mae, a Family client (5 star review)

  • Competence! The Best Family Law Attorney Around!!

    When I first came to Kendra, was in a panic state. However, after meeting Kendra, I panic no more. I was in a case, where I was being worked “real good”, with an ex who is relentless with absolutely no morals. However, after being in the courtroom with Kendra, I do not believe that he will ever take me back to court. We got everything we wanted. Kendra knew what to ask and how to strategize the case. I would HIGHLY recommend Kendra to anyone involved in a high conflict divorce and/or child custody dispute.- Sharon, a Family client (5 star review)

  • BRILLIANT ATTORNEY THAT SEEKS JUSTICE FOR ALL

    I am so grateful to have found Attorney Kendra Thomas to help me through a difficult divorce. She was amazing in getting me the justice I deserved. I have never heard of an attorney that returns calls promptly however Ms. Thomas and her assistant return calls in the same day. She is brilliant both in her intellect and strategy. I will continue to use her in ANY legal matter I am engaged in.- Mary, a Family client (5 star review)

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy