Ind. Code » Title 31
Indiana Code

Ind. Code § 31-21-2-8 (2026)

"Home state"

✓ current as of May 2026
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     Sec. 8. "Home state" means the state in which a child lived with:

(1) a parent; or

(2) a person acting as a parent;

for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived since birth with a parent or person acting as a parent. A period of temporary absence of the parent or person acting as a parent is part of the period.

As added by P.L.138-2007, SEC.45.

 

Notes of Decisions
Cited in 11 cases (4 in the last 5 years), 2008–2025 · leading case: in Int. of B.H, 2021 CO 39.
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in Int. of B.H, 2021 CO 39. “See Ind. Code Ann. §§ 31-21-2-8 , -5-1(a)(1) (West 2021).”
Stewart v. Vulliet, 888 N.E.2d 761 (Ind. 2008). · cites it 4× “[2] Now supplanted by Ind.Code § 31-21-2-8 (2007). [3] Now supplanted by Ind.”
Michael Hays & Caryn Hays v. Amanda Hockett, 94 N.E.3d 300 (Ind. Ct. App. 2018). · cites it 2× “[24] Neither Indiana nor Oklahoma qualify as a home state for B.H. under the UCCJA. The "home state" is the state in which a child lived with a parent, or a person acting as parent, for at least six consecutive months before the commencement of a child custody proceeding.”
Jennifer L. Barwick v. Joseph A. Ceruti, 31 N.E.3d 1008 (Ind. Ct. App. 2015). · cites it 2× “Ind.Code § 31-21-2-8. [17] However, where, as here, a parent files his or her petition before the child is born, the child does not have a home state when the proceedings were commenced, and no other state has custody jurisdiction over her because she has not been born, Indiana…”
The PEOPLE of the State of Colorado, IN the INTEREST OF Minor Child: B.H. & B.H., Minor Child v. D.H., 488 P.3d 1026 (Colo. 2021). “See Ind. Code Ann. §§ 31-21-2-8 , - 5-1 (a) (1) (West 2021 ) .”
H.S. v. K.M.C., 922 N.E.2d 738 (Ind. Ct. App. 2010). · cites it 2× “" Ind.Code § 31-21-2-8. Nonetheless, Mother did not ask that the Perry Circuit Court adjudicate K.”
Rachel Gard-Holm v. Lars Lund Holm, 258 N.E.3d 289 (Ind. Ct. App. 2025). · cites it 6× “] I.C. § 31-21-2-8. “[B]y definition, if the child has a ‘home state’ other than Indiana, then jurisdiction may not be assumed in Indiana unless the home state has declined its jurisdiction.”
Rahlina D. Funk v. Raymond A. Funk (mem. dec.) (Ind. Ct. App. 2016). · cites it 2× “Ind. Code §31-21-2-8 . While this statute does not treat both of the Children the same, we ultimately reach the same result as to each, albeit by different routes.”
In the Matter of the Paternity of R.S. (Minor Child): K.B. v. J.S. (mem. dec.) (Ind. Ct. App. 2019). · cites it 2× “” I.C. § 31-21-2-8. [8] At the evidentiary hearing, it was undisputed Mother, Father, and Child resided in Indiana—not Ohio.”
Emily Winchester v. Zackery Winchester (Ind. Ct. App. 2025). “§ 31-21-2-8. Mother argues as an issue of first impression that Indiana should be considered Children’s home state because they were only living in the United Kingdom due to Father’s military service.”
In Re Kc, 922 N.E.2d 738 (Ind. Ct. App. 2010). · cites it 2× “" Ind.Code § 31-21-2-8. Nonetheless, Mother did not ask that the Perry Circuit Court adjudicate K.”
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