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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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What constitues the childs state of residency Is it where

Resolved Question:

What constitues the childs state of residency? Is it where she is curently living or where she is registered for school, or what. Example. If she comes to visit me in the summer, but attended school in a different state, and there was no prior decree, could i file for divorce and custody in the new state where I live when she comes to visit for the summer?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ellen replied 6 years ago.

Thank you for your new question.

The initial child custody action must be filed in the homestate of the child. The homestate of the child is the state where the child has resided for the 6 months prior to filing a custody action
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