Understanding Oklahoma’s Child Custody Modification Jurisdiction
Hello, I’m Oklahoma City child custody attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we’re discussing when and how Oklahoma can modify child custody orders issued in another state.
Determining Jurisdiction for Custody Orders
If your custody order originated outside of Oklahoma, the first step is determining whether Oklahoma has jurisdiction to modify that order. In some cases, the custody matter has been properly transferred and accepted by Oklahoma courts—what we might call a “naturalization” of the case. In that event, Oklahoma can move forward with modifications.
However, if Oklahoma doesn’t have jurisdiction, the court may decline to hear the case and direct you to return to the original state where the order was issued. Jurisdiction can depend on several factors, such as where the child and both parents now live, or whether the original state has chosen to relinquish jurisdiction in favor of Oklahoma.
The Importance of Legal Guidance
Before filing anything, it’s wise to consult an attorney. Filing a case in the wrong state can lead to delays, dismissals, and unnecessary expenses. In short, Oklahoma may be able to modify your custody order, but only after confirming it has the legal authority to do so.
If you found this to be helpful or you believe it could help someone else, please go to theoklahomacityattorney.com. I’m OKC family law attorney Dillan Savage, and thank you for watching.
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