Assess Custody Impact Before Relocating
Our society is more mobile than ever. We move because of school, work, parents, and retirement. Whatever the reason for the move, the minor children of a divorce that originates in Oklahoma may be subject to the jurisdiction of Oklahoma until they reach the age of majority if they live in Oklahoma. Things get a bit more complicated when one parent moves out of state with a minor child or when one parent moves to Oklahoma with a child from another state.
This article is meant to provide you with the basic information you may need to understand the context. However, each case is different, and you should consult with a Muskogee divorce attorney to see how these laws may affect an interstate custody dispute.
UCCJEA: Standardizing Interstate Practices
Oklahoma, along with many other states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The law is codified in Oklahoma statutes and governs interstate child custody disputes in Oklahoma. It provides a framework for determining jurisdiction and enforcing child custody orders across state lines. (Okla. Stat. tit. 43 §§ 551-101 to 554-902)
Oklahoma courts have jurisdiction to make initial child custody determinations if Oklahoma is the child’s home state, meaning the child has lived in Oklahoma with a parent or person acting as a parent for at least six consecutive months before the custody proceeding begins. If the child is less than six months old, the home state is where the child has lived since birth.
Home State Determination
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) establishes four primary criteria for obtaining jurisdiction. Those criteria are:
- Home State
- Significant Connections
- More Appropriate Forum
- Vacuum Jurisdiction
Priority is given to the home state defined as the state where the child resided, either with a parent or someone acting as a parent, for a minimum of six consecutive months immediately before the custody action was initiated.
Challenges can arise if the child has not maintained residency in the state for the entire six-month period. If the child leaves the state temporarily, the court may find that home state jurisdiction continues.
However, If a child and at least one parent have a substantial connection to a specific jurisdiction, that jurisdiction may be deemed the appropriate state for issuing custody orders. A substantial connection can result from the presence of extended family, involvement in educational opportunities, medical care and treatment needs, participation in social activities, a parent’s employment, or the duration and quality of the child’s presence in that jurisdiction.
In situations where both the home state and the state with a significant connection decline to exercise jurisdiction, and there is another state that would serve as a more suitable forum, that state may assume jurisdiction. Courts may determine their jurisdiction is a more appropriate forum for reasons of safety and welfare, the convenience of the parties, the child’s connections, jurisdictional conflict avoidance, legal and judicial efficiency, or the best interest of the child
A vacuum jurisdiction may be recognized when no other criteria apply because no state meets the criteria for home state, significant connections, or more appropriate forum. The vacuum jurisdiction provision in UCCJEA allows a state to assume jurisdiction when no other state can or will do so, ensuring that there is a forum available to resolve custody disputes.
Once a court in Oklahoma has made a custody determination, it retains exclusive continuing jurisdiction over the case as long as the child or at least one parent continues to have a significant connection with Oklahoma, and substantial evidence concerning the child’s care, protection, training, and personal relationships exists in Oklahoma.
Moving Jurisdiction
When both parties move out of state, one or the other party can get a certified copy of the original order or orders and file it with the court in their new jurisdiction along with a petition for that court to assume jurisdiction. Consult with a Muskogee divorce attorney to determine the procedure required by the court.
When A Child of an Oklahoma Divorce Moves Out of State
If a custody order has been issued by an Oklahoma court and one of the parties moves to another state, Oklahoma retains jurisdiction to modify its own custody order as long as it continues to meet the criteria for jurisdiction under the UCCJEA.
When A Child Moves to Oklahoma From Another State
Oklahoma will enforce an out-of-state custody order if it is registered in an Oklahoma court and meets the requirements for registration under the UCCJEA. If a child is present in Oklahoma and is at risk of harm, Oklahoma courts may have jurisdiction to address emergency custody issues involving a child who is present in Oklahoma but does not have a significant connection with the state.
In these cases, the court prioritizes the best interests of the child while providing for consistency and stability in custody arrangements across state lines. This can be a complex area of family law. If you are moving, or if your ex has moved, it is crucial that you understand how your move may affect interstate custody, visitation and support.
Low-cost Legal Consultation with a Muskogee Divorce Attorney
Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a consultation by dialing (918) 913-0725.. Or, if you prefer to contact us by email, use the form at the top of this page .
