Which factor determines child custody jurisdiction in recognition of out-of-state divorce?

• A. Child's home state
• B. Parent's home state
• C. Where the child was born
• D. Where the parents resided at time of filing

Answer: (A)

Jurisdiction for child custody in recognition of out-of-state divorce is determined by the child's home state. Under the applicable rule, the state where the child has lived with a parent for a certain period (typically six consecutive months immediately before filing, or since birth if the child is younger) has the primary authority to determine custody. This centers on the child’s actual residence and connections, providing stability and preventing forum shopping. The other factors—where the parents live, where the child was born, or where the parents resided at filing—do not control custody jurisdiction, because they don’t reflect the child’s continuing center of life.