When reviewing a case under the Uniform Child Custody Jurisdiction and Enforcement Act, the first question is what forum is the “HOME STATE” of the child. This is determined by where the child has been residing for the six months prior to the filing of the action, whether it is a divorce, or paternity action. It also has such jurisdiction if the child no longer lives there, but the state WAS the home state of the child within six months before the proceeding commenced, AND a parent or person continues to live in the state. A temporary absence from the forum state does not change the application of the “home state” as found in the UCCJEA. In situations in which a parent has improperly removed a child from the home state, the home state may retain jurisdiction.
If the child is under six months of age, it is then decided by where the child has lived since birth.
This question is vital to the success or failure of a challenge to jurisdiction, because it is Subject Matter Jurisdiction and Subject Matter Jurisdiction cannot be waived, or conferred by agreement.