ALDAVA V. JOHNSON
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The case originates from a dispute over the jurisdiction for a child custody matter. The parties involved are Justin Aldava and Alyssa Baum, parents of H.A., a child born in Texas in 2019. The couple moved from Texas to Kentucky, then to Washington for Aldava's work, and back to Texas. Eventually, Baum and H.A. moved back to Kentucky. In November 2020, Baum filed a petition for an order of protection in Kentucky, indicating she sought temporary custody of H.A. Aldava filed a custody petition in Texas in December 2020. The issue arises from the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically the definition of "home state" and "temporary absence".
The Supreme Court of Kentucky concluded that under the UCCJEA, a bright-line, objective standard should be used to determine a child's "home state" - focusing on where the child has lived in the six months preceding the custody proceeding, and not the intent of the parties. Applying this standard, the court found that neither Texas nor Kentucky had initial jurisdiction over H.A. when custody was first raised, as H.A. had not lived in any state long enough to establish "home state" status. However, Kentucky obtained temporary emergency jurisdiction under the UCCJEA due to Baum's petition for an order of protection. Consequently, Kentucky was the only state with any jurisdiction over H.A., and the custody action should be heard there. The court concluded that the Texas court's later finding that Texas was H.A.'s home state did not divest Kentucky of jurisdiction. The ruling was affirmed by the Court of Appeals.
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