Which factor is NOT required for home-state jurisdiction?

Prepare for the New York Family Law Bar Exam with comprehensive questions and detailed explanations. Enhance your understanding of family law concepts and test your readiness. Aim for success!

Home-state jurisdiction is a key concept in family law, particularly when determining which state's courts have authority over custody disputes involving children. For a state to assert home-state jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a few specific requirements must be met.

The correct choice indicates that both parents must agree on custody matters is not a requirement for home-state jurisdiction. This is accurate because home-state jurisdiction is based on the physical presence and residence of the child, rather than the agreement between parents. The law is designed to prioritize stability and continuity for the child’s living situation, which can require judicial intervention even if parents disagree.

For home-state jurisdiction to apply, the child typically must have lived in that state for at least six months. Additionally, it is necessary for at least one parent to currently reside in the state. The stipulation regarding the child's age, which states that the child cannot be more than six months old, serves a specific purpose in ensuring that there is a clear legal framework concerning very young children. However, under the UCCJEA, a child can still qualify if they have lived in a state for six months regardless of their age, as long as they do meet the residential requirements.

Therefore,

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