Who decides custody if two parents or two other people with an interest in custody of a child live in two different states? Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a court in a child’s home state has exclusive jurisdiction to initially determine child custody. What is a home state? A home state for children over the age of six months is a state where the child lived with a parent or person in the role of a parent for six consecutive months or more immediately before the child custody proceeding.
In a recent case, an appellate court considered whether a seven-year-old boy’s visit to Maryland was a temporary absence after the visit interrupted his 17-month residence in Indiana. The court looked at the mother’s intent to change homes from Indiana to Maryland.
The case arose when the boy’s maternal grandparents, who were Maryland residents, sued for custody of the boy. The parents were Indiana residents, and they were named as defendants. The boy was born in Indiana to Jennifer Bornman and Edward Wright. He lived in Indiana until he was about 18 months old. In 2006, he and his parents moved to Maryland. They lived with Bornman’s parents. In a few weeks, his father moved back to Indiana. Continue reading