Child-Custody Determination – No Home State
A court generally has jurisdiction over a child-custody determination case if that child’s established “home state” is the same as the court. But what if the child has no home state? In other words: the child has not spent enough time living in any state to establish residency.
This is where significant-connection jurisdiction comes into play. In this article, we will define what home state means, how it is established, and what factors must be true for a court to gain jurisdiction over a child-custody determination case.
What do we mean by Home State?
A child’s home state is the state he or she was born in and/or lives. A child must live in a state with a parent, or a person acting as a parent, for six consecutive months before the child-custody suit begins. If a child lived in Texas for four months, California for three months, and four other states for smaller timeframes, none of those states is a home state.
Being able to establish a home state for the child is important in relation to a court’s jurisdiction. Simply put, a court only has jurisdiction to render decisions within the boundaries of its state or county. Without concrete evidence of a home state, the courts must look to other means to establish jurisdiction.
Jurisdiction Factors
If a child has no home state, a Texas court can claim jurisdiction over a child-custody case if all of the following are true:
- The child hasn’t lived in another state for six months leading up to the child-custody suit
- The child or parent/guardian still has a significant connection with Texas other than presence (example: child lived in Texas at the time suit was filed)
- The child’s well being (care, protection, relationships) is better served in Texas
If a child is considered absent from a home state, jurisdiction can be established if all the following are true:
- Another state is considered the home state, but the child and parents no longer live there
- The child or parent/guardian still has a significant connection with Texas (example: child lived in Texas at the time suit was filed)
- The child’s well being (care, protection, relationships) is better served in Texas
In some cases, the home-state court can decline its rightful jurisdiction over a child-custody determination case. If such a thing were to happen, a Texas court could claim jurisdiction if the child and parent have a connection with Texas and the child’s well being is better served in Texas.
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Source: Nelson Law Group