Determining Uccjea Home State

Summary

Determining the home state under the UCCJEA involves assessing where the child has lived for at least six consecutive months before custody proceedings. In this case, the timeline of movements between Montana and California complicates the determination. If the child has lived in one state for the required period, that state is likely the home state. If not, other factors like significant connections and available evidence are considered. Given the complexity, consulting a family law attorney experienced in interstate custody cases is advisable to understand your rights and options.

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March *, * - we leave for Montana March *, * - adrianna and the girls return to CA for a 3 day trip, but Adrianna doesnt come back with the girls. instead against my will and consent she enrolls the girls in school to keep them in CA. im considering this parental kidnapping. June *, * - we are supposed to return to Montana but Adrianna prevents us. August *, * - adrianna drives the girls back to Montana. i follow a week later. Oct *, * - adrianna and Evie go to CA for a trip. once again adrianna refuses to return with Evie for * weeks. Dec *, * adrianna arrives in CA Dec *, * the girls and i travel to CA for a short trip. Jan *, * we are suppposed to return to Montana. adrianna uses coercive control / blackmail to keep us in CA. March *, * - im served with divorce papers
It sounds like a complex situation involving jurisdiction and custody issues. Determining the "home state" under the UCCJEA can be crucial. Since the timeline includes moves between states, it may be helpful to consult a family law attorney experienced in interstate custody cases to better understand your rights and options. Would you like to be connected with local lawyers who can assist with this?