Legal Opinion

Ocegueda v. Perreira

California Court of Appeal

Decided January 5, 2015No. C073176PublishedCited by 9 opinions

1Opinion of the Court

Opinion

RAYE, P. J.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by California as Family Code section 3400 et seq., prescribes when a state court has jurisdiction to make an initial custody determination. Family Code section 3402, subdivision (g) provides with respect to a child less than six months of age that jurisdiction rests in the state in which the child “lived” from birth with a parent or a person acting as a parent. That state is denominated the child’s “home state.” While other jurisdictional options are provided, home state jurisdiction is paramount.

In…

2Cases cited10 opinions

  1. Powell v. StoverTexas Supreme Court · 2005
  2. In re K.R.West Virginia Supreme Court · 2012
  3. Sajjad v. CheemaNew Jersey Superior Court Appellate Division · 2012
  4. Sareen v. SareenCalifornia Court of Appeal · 2007
  5. Paillier v. PenceCalifornia Court of Appeal · 2006

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3Cited by9 opinions

  1. Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Brittney M. (In re Los), California Court of Appeal, 5th District2017
  2. In re M.S.Supreme Court of Vermont · 2017
  3. Kent v. Kent (In re Kent), California Court of Appeal, 5th District2019
  4. Care and Protection of FarajMassachusetts Supreme Judicial Court · 2025
  5. Gayanich v. GayanichSuperior Court of The Virgin Islands · 2017

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