Also known as: temporarily absent · temporary absences · temp. absence
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A period during which occupants are away from a structure that they regularly use for sleeping. Such a period does not cause the structure to lose its status as a dwelling for purposes of common law burglary.
A period during which occupants are away from a structure that they regularly use for sleeping. Such a period does not cause the structure to lose its status as a dwelling for purposes of common law burglary.
Select any source to read its text and confirm it supports the definition.
A period during which a child or parent is away from a state. Such a period counts toward the six consecutive months of residence required to establish home state jurisdiction.
Select any source to read its text and confirm it supports the definition.
A period during which a child or parent is away from a state. Such a period counts toward the two years of cohabitation required to support a presumption of parentage.
Select any source to read its text and confirm it supports the definition.
A period during which a child or parent is away from a state. Such a period counts toward the six consecutive months of residence required to establish home state jurisdiction.
A period during which a child or parent is away from a state. Such a period counts toward the two years of cohabitation required to support a presumption of parentage.
Each sense below has its own examples, sources, and questions.
Joan regularly slept on the upper floors of her mixed-use brownstone. She left for a three-month overseas trip but left the rooms furnished and most belongings in place with a clear plan to return. Morgan broke in at night intending to steal electronics from those floors. The structure remains a dwelling because the absence is temporary and does not strip the residential character from the property.
No. A structure remains a dwelling when occupants regularly use it for sleeping even if they are temporarily away, provided they intend to return and leave belongings behind.
Supporting sources
A structure is not a dwelling before anyone has moved in or after all occupants have moved out without intent to return. A temporary absence with intent to return does not trigger that result.
Supporting sources
A period of temporary absence of the child or parent counts as part of the six consecutive months of residence needed to establish home state status under the UCCJEA and related statutes.
Supporting sources
Eloise and the child lived in State A from the child's birth. Eloise took the child on a six-week business trip to State B during the first two years but returned to State A and continued to hold the child out as her own. The trip counts as part of the residency period, so State A qualifies as the home state and supports the presumption of parentage.
No. The Uniform Parentage Act expressly includes any period of temporary absence within the first two years when the individual resided in the same household and held the child out as the individual's own.
Supporting sources
…six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child or any of the mentioned persons is part of the period." The evidence in the record establishes that the parties' child was born in Michigan and has never resided in Alabama.…