Also known as: presently resides · presently residing · presently resided · currently reside · reside at present
Written by attorneys · grounded in primary & secondary sources — see below
A statutory criterion in child-custody jurisdiction statutes under which exclusive continuing jurisdiction ends when the child, the child's parents, and any person acting as a parent have left the state permanently. The standard requires a totality-of-the-circumstances inquiry into whether the parties maintain a permanent home in the state with intent to return rather than mere physical presence or technical domicile.
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Pamela Phillips obtained a custody order in State A. She and the child later moved permanently to State B while the other parent relocated to State C with no remaining ties to State A. A court applying the reside criterion determines that exclusive continuing jurisdiction in State A has terminated because the child, both parents, and any person acting as a parent no longer maintain a permanent home there.
Perry Pratt secured an initial custody decree in State X. After the decree the child and both parents established permanent homes in other states. A court in State Y concludes that the reside standard is satisfied and therefore may modify the order because no relevant party presently resides in State X.
The reside criterion operates independently and terminates jurisdiction when all relevant parties have permanently left the state even if some archival evidence or nominal ties remain. A significant-connection test under the first prong requires both the absence of meaningful ties and the unavailability of substantial current evidence. Courts apply the reside standard as a separate ground that ends exclusive continuing jurisdiction once permanent relocation is established.
Supporting sources
Recurring but temporary visits for work or meetings do not satisfy the reside standard when the parties have surrendered permanent homes and relocated their daily lives elsewhere. The standard focuses on whether the parties maintain a permanent home with intent to return rather than intermittent presence. Once all relevant parties have established permanent residences outside the state the criterion is met regardless of occasional returns.
Supporting sources
Permanent relocation of residences, termination of leases, enrollment of the child in new schools, and concentration of current medical and educational records outside the state demonstrate that the reside standard is satisfied. Nominal professional ties or historical records alone do not overcome the absence of a permanent home with intent to return. Courts examine the totality of circumstances including where the parties intend to remain indefinitely.
Supporting sources