Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) does not provide a basis for jurisdiction over a child-custody proceeding involving an unborn child, as an unborn child has not “lived from birth” in any state and thus cannot have a “home state” within the scope of the statute; statutory definition of “home state” requires that a child live in a state for at least six months preceding the commencement of a child custody proceeding, with such requirement relaxed only to permit the determination that the state in which a child under six months of age has lived “since birth” is the child’s home state.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com