What is the primary basis for jurisdiction in making original child custody orders?

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The primary basis for jurisdiction in making original child custody orders is the child's home state, specifically where the child has resided for the last six months. This principle is rooted in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which establishes that the home state of the child has the authority to make custody decisions because it is typically the location where the child has the most significant connections, including emotional ties and social stability.

The rationale behind this approach is to promote stability for the child and ensure that custody decisions are made in the environment with which the child is most closely associated. This consideration minimizes disruption in the child's life and ensures that the court making the ruling has the best understanding of the child's needs and circumstances.

Other factors, such as a parent's residency or the location of the court, do not carry the same weight in determining jurisdiction for custody orders. While a parent’s residency might be relevant in some circumstances, it is the child's established home state that takes precedence. Employment status of the parents is also unrelated to jurisdictional issues concerning child custody.

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