Understanding Jurisdiction in Oklahoma Custody Cases
Hello, I’m OKC family lawyer Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we’re covering a lesser-known but important concept in Oklahoma family law: a court’s ability to decline jurisdiction over a child custody case based on a party’s unreasonable conduct.
The Legal Foundations of Jurisdiction Declination
Under Title 43, Section 551-208, titled Jurisdiction Declined because of Conduct, an Oklahoma court has the authority to refuse jurisdiction if a party acted improperly or in bad faith to create jurisdiction in the state.
For example, if someone engages in unreasonable behavior, like relocating a child to Oklahoma solely to try to gain a legal advantage in custody proceedings, the court may reject the case entirely. Not only can the court decline to hear the matter, but it can also order that party to pay costs and fees for forcing the court to spend time evaluating jurisdiction.
The Importance of Good Faith in Custody Proceedings
While this isn’t a common occurrence, it’s a powerful tool the court can use to discourage manipulation of the legal process and protect the integrity of custody proceedings. In short, Oklahoma courts can deny jurisdiction if it was obtained through unreasonable conduct.
The responsible party may be ordered to pay fees and costs. This is governed by Title 43 O.S. § 551-208. Always approach custody proceedings in good faith — courts take jurisdictional manipulation seriously.
Get Professional Guidance Today!
If you found this to be helpful or you believe it could help someone else, please visit theoklahomacityattorney.com. I’m Oklahoma City child custody attorney Dillan Savage, and I’m here to help. Call me for a low-cost consultation at 405-888-5400. Thank you for watching.
