Ocegueda

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by California as Family Code section 3400 et seq., prescribes when a state court has jurisdiction to make an initial custody determination. Family Code section 3402, subdivision (g) provides with respect to a child less than six months of age that jurisdiction rests in the state in which the child “lived” from birth with a parent or a person acting as a parent. That state is denominated the child’s “home state.” While other jurisdictional options are provided, home state jurisdiction is paramount.

In this case of first impression, we are asked to decide whether California is the home state of a child who was bom in Hawaii, remained in Hawaii for six weeks with his mother (mother), then traveled to California with his mother, where, within 24 hours of his arrival, custody proceedings were commenced by his father (father) in a California court. The answer depends on whether the term “lived,” as it is used in the statute, means simple physical presence in a state or, as father insists, requires an intent to remain in that state.

The trial court determined that mother, who lived and was employed in…