Understanding Child Custody Jurisdiction
Are you in the middle of a child custody case and you want to change jurisdiction? My name is Carl Birkhead. I’m an attorney with Wirth Law Office. I want to help you make law easy by just explaining a little bit about jurisdictional laws and how they relate to child custody.
I’ve been doing this for about seven years now and now and then I get a case where either someone wants to take the children and leave the state or someone wants to actually file something here within the state when the kids haven’t exactly lived here or they haven’t lived here for very long. There’s a body of laws called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Establishing Jurisdiction in Child Custody Cases
The UCCJEA states that the only state that can enter any orders regarding child custody is the home state of the child. The home state is where the child has lived for six months. If you haven’t been in the state long enough, you may need to wait before filing for jurisdiction.
If you want to relocate to another state with your children, there are specific steps you need to take to get authorization. It’s important to follow the proper procedures to ensure that the new state recognizes and enforces the custody orders.
Registering Foreign Decrees in Child Custody Cases
If you have a court order from another state and you want to enforce it in Oklahoma, you can register the foreign decree within the state. This allows the Oklahoma court to enforce the order as if it were a valid Oklahoma court order. Similarly, if you have an Oklahoma court order and want to move to another state, you will need to register the decree in that state.
Child custody jurisdiction can be complex, but following the basic principle of the home state of the child can help guide you through the process. If you have any questions or need assistance navigating child custody jurisdiction laws, please don’t hesitate to contact us. We’re here to help you understand your rights and options.
Contact Us for a Low-Cost Initial Strategy Session
If you have questions about child custody jurisdiction or need help with your case, please give us a call at 918-879-1681. We offer low-cost initial strategy sessions to help you understand your legal options and make informed decisions. Don’t navigate the complexities of child custody jurisdiction alone – reach out to us for guidance and support. Let us help you make law easy. Thank you.