By Selim Star

 In general a child’s home state is where the child lived for at least six consecutive months immediately before commencement of a child custody proceeding, although there are exceptions and clarifications. The Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) was passed by all 50 states as an attempt to reduce multiple states making a determination of custody that conflict. Each state passed a slightly different version of the UCCJEA and can be very confusing and complicated. 

Determining which state to file a custody action is very complicated and you should contact an attorney immediately, because it is extremely time sensitive and unforgiving in some senses. You might find yourself fighting custody in a far away state which could have been avoided if you had filed first or spoke to an attorney first. 

Just because you have a child support order from another state that may not prevent you from filing for custody in Idaho. That child support order may not be a “child custody determination,” according to the UCCJEA.
 
Idaho Code 32-11-102
(c)  "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
 
Idaho Code 32-11-201
Idaho has jurisdiction if “This state is the home state of the child on the date of the commencement of the proceeding”
 
Idaho Code 32-11-102(g)
(g)  "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(Last viewed 12/17/2015, http://legislature.idaho.gov/idstat/Title32/T32CH11PT1.htm)

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If you live in Idaho and the other parent lives out of state or if you live out of state and the other parent lives in Idaho and you live in another state then you need to be aware of certain provisions of the UCCJEA. You should call an attorney immediately because you may have gained or lost certain rights solely because of where you live, your child lives or the other parent lives. 

PURPOSE OF UCCJEA. The purpose of the UCCJEA is to  reduce disputes between the states regarding which state has the ability to make a decision regarding a child's custody, welfare etc. In the past courts would each make a different decision about a child and then argue about which order is controlling or which state should have made a decision. These arguments still occur but generally there are less of them because the UCCJEA is the law in each state and the UCCJEA has a system of deciding which state should make that child custody decision. 

SIX MONTHS. If you do not have a custody order then the general idea is that the court of the state that the children have lived in for the last 6 months is their 'home state,' there are some exceptions. Also if there is a custody order it could be modified by a new state if the minor children and parents are not in the state that made the last custody order. This is highly complicated but can be explained by an attorney. 

JURISDICTION. According to Black's Law Dictionary "A court's power to decide a case or issue a decree." In the context of child custody it is the court's power to make an initial custody order or to modify a previous custody order. 

INCONVENIENT FORUM. Even if there is jurisdiction a court can decide that it would be better for the case to be decided in another state and therefore transferred to that state if certain conditions apply such as, where the evidence and witnesses are. This is a separate decision from jurisdiction and the UCCJEA states which court can make that decision.

CHILD SUPPORT IS SEPARATE. Oddly enough the state where the payor resides can have jurisdiction over child support while a different state has jurisdiction over custody. 

In conclusion the Uniform Child Custody Jurisdiction and Enforcement Act has some provisions which are important to know whether or not you are looking for a modification or a custody order, if you and your child or you and the other parent live in different states you can be dragged into court in that other state. You should know under what circumstances you can be dragged into court in that other state and if you wish to prevent it you might have to request a custody order in your state before the other parent does in their state.