California Court of Appeal

In this custody action, the trial court's order finding that California is child's home state, with jurisdiction to issue an initial custody determination, is reversed, where: 1) the child "lived in" Hawaii by virtue of the child's presence in Hawaii for the six weeks following his birth, leaving the state, and traveling to California only 24 hours before the father initiated these proceedings, and this fleeting presence in California prior to the commencement of these proceedings does not alter the conclusion that the child lived in Hawaii; 2) the fact that the mother lived and was employed in California prior to the child's birth, and that she intended to return to California, does not alter the conclusion; and 3) Hawaii is the child's home state.

Appellate Information

• Decided 01/05/2015
• Published 01/05/2015

Judges

• Raye

Court

• California Court of Appeal

Counsel