Understanding Inconvenient Forum in Child Custody Cases
Hello, I’m OKC child custody attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we’re talking about the inconvenient forum as it applies to child custody proceedings in Oklahoma.
“Inconvenient forum” simply means that holding a custody case in Oklahoma would be burdensome or impractical — whether for the court, the parties, or both. Under Oklahoma law, if the court determines that another state would be a more appropriate venue, it can decline jurisdiction over the custody matter.
Factors Considered by Oklahoma Courts
This issue is governed by Title 43, Section 551-207, titled Inconvenient Forum. Either party, the Oklahoma court, or even a court in another state can raise this issue.
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- When evaluating whether Oklahoma is an inconvenient forum, the court looks at several factors, including:
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- Whether domestic violence has occurred, and which state can best protect the parties or children.
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- How long has the child lived in Oklahoma versus another state.
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- The distance between the Oklahoma court and the court in the other state.
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- The financial circumstances of the parties.
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- Any agreement between the parties about which state should have jurisdiction.
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- Where evidence is located.
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- Each court’s ability to resolve the issues efficiently.
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- How familiar each court is with the facts and legal issues in the case.
If Oklahoma decides it’s not the best forum, it can pause or stay the custody portion of the case and allow the other state to take over jurisdiction. Interestingly, the Oklahoma court can still retain jurisdiction over other parts of the case — like divorce — even if it declines to hear the custody issues.
Implications of Declining Custody Jurisdiction
Once the other state officially assumes jurisdiction, Oklahoma can then terminate its involvement. In summary:
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- Oklahoma courts can decline custody jurisdiction if it’s an inconvenient forum.
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- Multiple parties — including other courts — can raise the issue.
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- Courts weigh factors like domestic violence, location, finances, and speed.
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- Oklahoma may retain jurisdiction over related matters, like divorce.
This provision helps ensure custody decisions are handled in the most appropriate and practical location — not just where a case was first filed.
Get Expert Legal Guidance Today
If you found this information to be helpful or you believe it could help someone else, please go to TheOklahomaCityAttorney.com. I’m Oklahoma City family lawyer Dillan Savage, and I encourage you to reach out for a low-cost consultation. Call us at 405-888-5400. Thank you for watching.
