Can I File for Child Custody in Another State?

Many questions arise when one spouse is filing for child custody in a different state than the other spouse or child. This can become a complicated and frustrating legal dilemma. Not everyone realizes there are legal exceptions to certain rules regarding child custody. Consider discussing your situation with an Oklahoma City family lawyer to explore your options for child custody.

How Location Impacts Child Custody

Jurisdiction is important when it comes to child custody in Oklahoma because this may impact the outcome. The first thing to be aware of is that either spouse can request child custody only if no custody order exists yet. However, whether a parent can request child custody may change depending on where they live.

To grant child custody to a parent, the family court must determine whether the court has jurisdiction. This means figuring out whether the child has lived in Oklahoma long enough to allow the court to have jurisdiction over the child. Oklahoma courts have jurisdiction over children who have lived in Oklahoma for six months or longer.

In the event that a child has not lived in Oklahoma for six months, the court will need to figure out which state has jurisdiction. This can become complicated quickly due to varying state laws concerning child custody and jurisdiction. Some state laws may conflict with Oklahoma laws.

One of the best options in this situation might be to contact an Oklahoma City divorce lawyer who can help. An experienced family lawyer can navigate through these legal complexities. Then you can figure out what your legal options for child custody are along with what steps are required.

Exceptions to Filing for Custody in Another State

The Oklahoma home state rule states that parents can only file for custody in the state where their child has lived for six months. In cases where the child is less than six months old, the home state becomes the state of the child’s birth. This leaves some people wondering whether these are any exceptions to this home state rule.

Parents might be able to obtain temporary jurisdiction in another state in the event of an emergency. Two scenarios may allow this; including child abandonment or abuse. Temporary emergency jurisdiction can be requested if the child, parent, or sibling is threatened with abuse or mistreatment.

The other exception to the home state rule does not require an emergency. If a parent and child have significant connections like childcare or close relationships, you may not need a home state. This usually only works if there is no consistent home state. However, this may also be possible if the court allows another state to have jurisdiction.

Family Attorney in Oklahoma City

Going through a divorce involving children can be stressful. Feel free to ask an Oklahoma divorce lawyer for help if you have questions about child custody. Start by contacting the Putnam Law Office at (405)-849-9149 for a consultation today. Mr. Putnam is an experienced attorney in Oklahoma City, OK who might be able to help you obtain the child custody orders you want.