when is it considered home state

my daughter came for summer break, she wanted to stay ex agreed and shes in school with me now. its been 7mo. and now he wants her back. she refuses to go. shes nine years old. divorce was in '91 in florida but ive been in california for 6years. which is the home state now? would it be california since its been 7mo. and i live here or florida? please help time is running out! thank you.

Was there a change to the custody agreement that was filed in court for this change ? Providing that there has been no lagel filings in any state for the last 7 months then the state the child is in is home state.

However, if she has a good attorney, she could probably get jurisdiction denied if you filed in your home state unless there was a filing stating that you took physical custody.