Markle v. Dass

Summary

The court vacated the superior court’s writ of habeas corpus because Georgia was not the child’s home state when the custody proceeding began or during the preceding six months. The child had lived continuously in New Mexico with Markle during that period, and the UCCJEA defines home state by the child’s physical location rather than a parent’s residence or domicile. The court also rejected emergency-jurisdiction and habeas-based grounds for sustaining the order.