In Massachusetts What is Considered the Home State?

There is something called the “UCCJEA” where the home state is for an initial custody order and where the child has resided for the prior 6 months leading up to the divorce so long as one parent continues to reside in that state.  That means that the Home State would be the controlling state and the state that would have the jurisdiction over the case would be heard. There are exceptions including domestic violence issues; other emergencies including abuse; abandonment or some other immediate need for protection where the court can at least make an initial custody order.  However, that order is temporary and will only be in full force and effect until the Home State issues an order. If the Home State does not make an order, then the emergency order can become final and the state where it was issued becomes the Home State.

There also can be some issues in terms of a protection if one party uses inappropriate conduct in order to secure Home State jurisdiction. The parent might have what is considered “unclean hands” meaning that the state would otherwise have jurisdiction but may refuse to exercise it; let’s say if a parent takes the child to another state and willfully withholds information from the other parent in order to wait 6 months to establish jurisdiction.